| CODE | CVL4015 | |||||||||
| TITLE | Comparative Family Law in Europe | |||||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | |||||||||
| MQF LEVEL | Not Applicable | |||||||||
| ECTS CREDITS | 4 | |||||||||
| DEPARTMENT | Civil Law | |||||||||
| DESCRIPTION | The study-unit Comparative Family Law in Europe aims to address the growing challenge facing family lawyers in an age where families are subject to various jurisdictions as different times of their life. It also tackles the reality of current trends throughout Europe towards harmonisation and unification, in the area of civil law in general and private law in particular. Until recently family law was deemed to be outside the process of comparative research owing to cultural constraints but contemporary practice now places growing emphasis on harmonisation and even unification of law. Principles enunciated by the Council of Europe, European Court of Human Rights and the European Court of Justice have further contributed to this development. The study-unit is aimed at students who wish to further their knowledge of comparative family law touched upon in the Family Law study-unit, although it could equally be of interest to students from other disciplines who are studying comparative regimes or European law. This study-unit will give students the opportunity to analyse and contrast family law in Europe and relevant regimes making particular reference to marriage, partnerships, marital and relational breakdown, separation and divorce, maintenance, parental responsibility, child abduction and other related matters. Each two hour session will expect students to prepare and contribute actively by reading up on relevant legislation and researching issues for individual focus. There will be time for question and answer exchanges in the effort to clarify issues. Learning Outcomes: On completion of the study-unit students should: Have enhanced their knowledge of selected topics in Family Law from a comparative perspective; Be able to critically analyse relevant local and foreign court judgments; Be able to apply comparative contemporary legal developments to case studies set for their consideration; Better understand the specific importance of comparative research into family law; Be in a position to give informed professional advice relating to matters of comparative family law in Europe. Reading List: General • Marriage Act 1975 Chapter 255, Laws of Malta • Adoption , Laws of Malta • Rome II • Rome III • Brussels I I bis COUNCIL REGULATION (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 • European Convention on Human Rights Case Law Judgments of the ECHR, ECJ and selected jurisdictions Intro Reading • Bix B., UNIVERSAL THEORY IN FAMILY LAW , , University of Minnesota, U.S.A. (available from ruth.farrugia@um.edu.mt) • BOELE-WOELKI K., The principles of European family law: its aims and prospects, http://www.utrechtlawreview.org/ Volume 1, Issue 2 (December) 2005 • BOELE-WOELKI K., "The Road Towards a European Family Law," 1 EJCL (November 1997) Electronic Journal of Comparative Law is available on the web • BRADLEY David, Convergence in Family Law: Mirrors, Transplants and Political Economy, (2001) Oxford University Comparative Law Forum 2 at ouclf.iuscomp.org (Originally published in (1999) 6 Maastricht Journal of European and Comparative Law 127-150) • EEKELAAR, J. and NHLAPO, T. (eds.), The Changing Family. Family Forms & Family Law, Oxford, Hart, 1998; • Farrugia R., 2008, Impact of EU Legislation on Maltese Family Law – National Family Commission, Malta, Research on the Family Series No.2 [ISBN 978-99932-0-591-3] • KURCZEWSKI Jacek and MACLEAN Mavis (eds.), Family Law and Family Policy in the New Europe, 1997 ISBN 1 85521 814 3 Marriage • John Eekelaar J. and Maclean M., Marriage and the Moral Bases of Personal Relationships, JOURNAL OF LAW AND SOCIETY, VOLUME 31, NUMBER 4, DECEMBER 2004 • Farrugia R., 1995, Family Law Quarterly, Vol.29 No. 3, American Bar Association, “Marriage and Divorce Regulation in Malta”, ISSN 0014-729X • Farrugia R., 2007, Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance. E. ÖRÜCÜ and J. MAIR (eds), Malta Chapter, Intersentia pub. [ISBN 90-5095-577-0] • Stevenson B. and Wolfers J., Marriage and Divorce: Changes and their Driving Forces, Institute for the Study of Labor, February 2007, IZA DP No. 2602 Civil partnerships • Carruthers J., de facto Cohabitation - The PIL Dimension, Edinburgh Law Review, Vol. 12, (2008) p51-76 • Hamplova D., Educational Homogamy Among Married and Unmarried Couples in Europe: Does Context Matter? Journal of Family Issues 2009; 30; 28 • Wienke C., Does the “Marriage Benefit” Extend to Partners in Gay and Lesbian Relationships?, Journal of Family Issues OnlineFirst, published on October 28, 2008 Marital and relational breakdown • Farrugia R., 2007, Brussels II BIS - Its Impact and Application in EU Member States. BOELE-WOELKI, K. and GONZALEZ BEILFUSS, C. (eds), Malta Chapter, Intersentia pub. [ISBN 978-90-5095-644-4] • Farrugia R., 2007, Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance. E. ÖRÜCÜ and J. MAIR (eds), Malta Chapter, Intersentia pub. [ISBN 90-5095-577-0] • SKJØRTEN K. and BARLINDHAUG R., THE INVOLVEMENT OF CHILDREN IN DECISIONS ABOUT SHARED RESIDENCE, International Journal of Law, Policy and the Family 21 (2007), 373–385 Maintenance • Farrugia R., 2007, Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance. E. ÖRÜCÜ and J. MAIR (eds), Malta Chapter, Intersentia pub. [ISBN 90-5095-577-0] • Rosettenstein D., Choice of Law in International Child Support Obligations; Hague or Vague, and Does it Matter? – An American Perspective, International Journal of Law, Policy and the Family, Vol. 22, No. 1, p122-134, 2008 Parental responsibility • Farrugia R., 2002, Council of Europe, “Legal Problems relating to Parentage” XXVIIth Colloquy on European Law, Foundation for International Studies, ISBN 92-871-3852-4 • Farrugia R., 2007, Brussels II BIS - Its Impact and Application in EU Member States. BOELE-WOELKI, K. and GONZALEZ BEILFUSS, C. (eds), Malta Chapter, Intersentia pub. [ISBN 978-90-5095-644-4] • Francq S., Parental Responsibility under Brussels II sibility under "Brussels II" Separation and Divorce • Atteneder C. and Halla M., Bargaining at Divorce: The Allocation of Custody, Institute for the Study of Labor January 2007, IZA DP No. 2544 • Fiorini A., Rome III – Choice of Law in Divorce, Is the Europeanisation of Family Law going too Far?, International Journal of Law, Policy and the Family, 22, (2008)178-2005 Child abduction (tbc) • Schnitzer-Reese E., International Child Abduction to Non-Hague Convention Countries: The Need for an International Family Court, 2 Nw. U. J. Int'l Hum. Rts. 7 at, (April 2004) • WEINER M., INTOLERABLE SITUATIONS AND COUNSEL FOR CHILDREN: FOLLOWING SWITZERLAND’S EXAMPLE IN HAGUE ABDUCTION CASES, AMERICAN UNIVERSITY LAW REVIEW [Vol. 58:335 2008] Adoption • Willoughby Stone T., Margin of Appreciation Gone Awry: The European Court of Human Rights’ Implicit Use of the Precautionary Principle in Fretté v. France to Backtrack on Protection from Discrimination on the Basis of Sexual Orientation, CONN. PUB. INT. L.J. [Vol. 3, No. 1] Cross Border Enforcement • Farrugia R., 2008, Comparative study on Enforcement Procedures of Family Rights, EU project: FAMENFORCEMENT co-ordinated by T.M.C.Asser Institute, The Hague – Malta chapter [JLS/C4/2005/06] |
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| STUDY-UNIT TYPE | Lecture | |||||||||
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| LECTURER/S | Ruth Farrugia |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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