Which Legal Basis for Family Law? The Way Forward

15-11-2012

Many of the current features of European family law can be linked to their particular legal basis. This paper evaluates the content and limits of the legal bases of EU family law rules with a view to establishing the optimum mechanism(s) for further legislative progress in view of the Union’s aims in this field. Particular consideration is given to the possible use of the passerelle provision (Art 81(3)) and recourse to enhanced cooperation.

Many of the current features of European family law can be linked to their particular legal basis. This paper evaluates the content and limits of the legal bases of EU family law rules with a view to establishing the optimum mechanism(s) for further legislative progress in view of the Union’s aims in this field. Particular consideration is given to the possible use of the passerelle provision (Art 81(3)) and recourse to enhanced cooperation.

Autor extern

AUDE FIORINI, Senior Lecturer in Law University of Dundee, School of Law