Harmonization of the concept of parental responsibilities in European family law

Abstract

This thesis explores the concept of parental responsibilities as understood in the different EU Member States and also in International and European instruments. In the light of the whole debate currently taking place regarding a Europeanization of family law, this thesis seeks to establish whether convergence in the area of parental responsibilities is an oversimplification due to different cultural histories or whether a ius commune is emerging and that further harmonization is necessary in order to realise a better set of rights for all, especially the most vulnerable. The thesis will introduce the subject with a brief outlook on the current move towards harmonization in family law and a brief history of the main developments of children's rights. The first chapter seeks to establish the different views and opinions regarding harmonization in this area and throws a spotlight on the CEFL and its contribution to the subject of Parental Responsibilities. The concept itself of parental responsibilities is a central issue. The second chapter gives an overview of the concept as dealt with in a number of International legal instruments and different Member States. Aspects of the concept are compared as they result from the detailed questionnaire presented to the different Member States and the Principles drafted on the basis of these questionnaires. The thesis delves into whether there is convergence of the contents of the concept or whether there are differences which can lead to detrimental affect on the rights of the child. The concept has to be interpreted in the light of certain rights which are common in all jurisdictions and legal instruments. In the next chapter then the thesis tackles the issue of who are the holders of these responsibilities and what happens after parental separation. Chapter 4 then focuses on the two main instruments towards the harmonization of the concept namely the CEFL Principles and Council Regulation 2201/2003 - the machinery for the mutual recognition of Family Law judgments through which continues the 5 harmonization of the rules on jurisdiction and on the recognition and enforcement of all judgments on parental responsibility. The thesis will try to establish whether further harmonization of the concept of parental responsibilities is a utopian plan, just a dream in the eyes of those in favour or whether indeed the time is ripe for further initiative in the area.