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European Family Law Volume I

The Impact of Institutions and Organisations on European Family Law Edited by Jens M. Scherpe, University Senior Lecturer, University of Cambridge and Fellow of Gonville and Caius College, Cambridge, UK
This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses.

The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of ‘family’ and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at ‘horizontal’ family law (the law concerning the relationships between adults), ‘vertical’ family law (the law concerning the relationships of adults and children) as well an ‘individual’ family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which works as a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where ‘institutional’ European family law exists – in the sense that there are binding legal rules for all European jurisdictions – for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for ‘horizontal’, ‘vertical’ and ‘individual’ family law, an ‘organic’ European family law is emerging and suggests how family laws in Europe are going to develop in the future.
Extent: 384 pp
Hardback Price: $154.00 Web: $138.60
Publication Date: 2016
ISBN: 978 1 78536 300 9
Availability: In Stock
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This volume looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law.

This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
‘The four volumes that make up this monumental project represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’
– Bill Atkin, Victoria University of Wellington, New Zealand

‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’
– The International Journal of Law, Policy and the Family
Contributors: H. Baker, K. Boele-Woelki, D. Coester-Waltjen, G. De Baere, M. Groff, K. Gutman, N. Lowe, J. Mair, D. Martiny, W. Pintens, J.M. Scherpe
Contents:

European Family Law – Introduction to the Book Set
Jens M. Scherpe

Introduction to European Family Law Volume 1: The Impact of Institutions and Organisations on European Family Law
Jens M. Scherpe

1. The Impact of the European Union and the European Court of Justice on European Family Law
Geert De Baere and Kathleen Gutman

2. The Impact of the European Convention on Human Rights and the European Court of Human Rights on European Family Law
Dagmar Coester-Waltjen

3. The Impact of the Council of Europe on European Family Law
Nigel Lowe

4. The Impact of the International Commission on Civil Status (ICCS) on European Family Law
Walter Pintens

5. The Impact of the Hague Conventions on European Family Law
Hannah Baker and Maja Groff

6. The Impact of the Commission on European Family Law (CEFL) on European Family Law
Katharina Boele-Woelki

7. The Impact of the EU Private International Law Instruments on European Family Law
Dieter Martiny

8. The Impact of Religion on European Family Law
Jane Mair

Index