The External Dimension of International Family Law

Etienne Pataut (1)

1 IRJS - Institut de Recherche juridique de la Sorbonne André Tunc

This chapter discusses the impact of EU law on family law. The EU, after all, does not have any competence in family law, which remains in the hands of the Member States, yet there are a few dimensions in which EU law can modify family to some extent. First, immigration laws must be taken into account, as citizens have an unconditional right to move from one country to another, including with their families. Second, the EU has the competence to adopt rules on private international law in order to build a legal regime which allows for a close cooperation between Member States, closer than between Member States and third states. Third states, however, cannot be entirely disregarded. Families can and often do have connections with third countries, either by nationality or domicile, and are therefore subject to EU law.

Mots clés: EU law; family law; third states; Member States; private international law; immigration laws

Domaines: Droit

Etienne Pataut. The External Dimension of International Family Law. Marise Cremona; Hans-W Micklitz. Private Law in the External Relations of the EU, Oxford University Press, pp.107-124, 2016, 9780198744566. ⟨10.1093/acprof:oso/9780198744566.003.0006⟩. ⟨halshs-02268861⟩