Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Europeanization of Public Policy in International Family Law–Overriding National Values or Gradual Harmonization?

Author(s): Anita Durakovic, Jasmina Alihodzic, Zlatan Meskic

The research paper examines European public policy in cross-border family law in Europe as established by the jurisprudence of the European Court of Human Rights and the Court of Justice of the EU. The goal is to identify recent case law and to review on which family matters the European public policy has already been created, on the one hand, and for which questions the development is slower and why, on the other hand. The normative and comparative methods are predominantly used in the paper to conduct a qualitative assessment. The analysis shows that the European public policy is at an advanced stage of development on same-sex communities and family name, in an early stage of development on surrogate motherhood and non-existing on private divorces conducted under Islamic law. The reasons confirm discussions in the literature on movement from status to contract law in family law matters except for samesex communities, but also predict a slower development of the European public policy in times of the COVID-19 and economic crisis.