Feasibility of a common & enforceable EC family law : an introspective analysis

Abstract

This introspective analysis will examine in detail with adequate illustrations and references the feasibility of a common and enforceable EC Family Law. A detailed and authoritative exposition of Family Law illustrated by materials carefully selected from a wide range of sources will be offered before the author draws his conclusions related to the chosen theme. This Dissertation will examine how and why the Family Law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and wider public interests within the spectrum of the European Community. This Study will equally focus how Family Law operates in practice throughout the European Community and will obviously examine in realistic terms how achievable is the objective aimed at in the Title of the Dissertation. This introspective analysis will refer to a wide range of cases and materials with insightful commentary. The analysis will engage with a range of theoretical and critical perspectives. The Dissertation will include a large number of extracts from primary sources such as case law, and from official data, academic commentaries, qualitative research findings, and policy and reform papers. Among the Topics that will be analyzed will be the comprehensive concept of Family Law, Family Relationships between Adults, Domestic Violence, Divorce and Separation, Family Property and Finances, Financial and Property Provision for Children, Fundamental Principles in the Law Relating to Children, Parental Responsibility, Disputes over Children and Child Protection. Naturally, an examination will be made as to what is Family Law about and the Sources of Family Law and Policy within the European Community and in particular by way of illustrations, Member States. The analysis will relate to Human Rights and Family Law within the confines of the European Community and reference will be made to key Articles of the European Convention on Human Rights insofar as the latter's compatibility relates to the European Union. In this introspective analysis the themes and issues in contemporary Family Law will be dealt with and, among others, references will be made to Gender issues, sexual orientation and cultural diversity within a European Community. This feasibility analysis will delve into the Fundamental Principles in EU Law relating to children, examining the paramountcy of the child's welfare incorporating children's autonomy rights. The concepts of parenthood are scrutinized. Parental responsibility will be evaluated as well as Private Disputes over children, combining it with the Principles of State intervention into Family Life. All these aspects will be seen from the legal and practical angle as to how within the European Community a consensus might be attained insofar as a common and enforceable Family Law is concerned.