The impact of human rights on private international law - a European family

Abstract

The aim of this study is to recognise the significance of fundamental and human rights to the development of European private international rules on family law. The goal is to find out whether human rights have affected the legislative goals, such as harmonization of the PIL rules in the EU. Secondly, the impact of human rights on the application of the European PIL on family law will be identified and analysed.

The topic is studied through the most important family law instrument at the moment, the Brussels IIbis Regulation. Also the case law of the European Court of Justice and literature in this area of law will be reviewed. In addition to this, thesis will also discuss the possible challenges of the human rights perspective, and attempts to identify future developments.

Fundamental and human rights have affected the development of European family law. The harmonization of PIL rules on family law has both been caused by, and helped in protecting, fundamental rights. The respect for fundamental rights can also be seen in the case law of the European Court of Justice. Nevertheless, there are still several challenges that need to be overcome before it can be stated that the fundamental rights are truly respected in all types of family relations, which have an international aspect.