Edited by: Marja-Liisa Öberg, Alina Tryfonidou

ISBN13: 9781009498821
Published: December 2024
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback

This is a Print On Demand Title.

The volume provides a first-ever comprehensive account of the concept and the role of the family in EU law from the perspective of various disciplines. It explores the family in EU law from four different angles. The first part of the book considers the philosophical and theoretical foundations of the family in the law in general, including the definition of the family under EU law. The second part provides an overview of the rights conferred upon the family by Union law and assesses whether these cater for the needs of all families. The third part of the book examines the potential conflicts between the definitions of a family and concurring rights as found in the EU legal order, the ECHR, and national laws. Finally, the fourth part offers insights into how EU law deals with some situations of crisis that are faced by families in the EU.

Contents:
1. Introduction Alina Tryfonidou and Marja-Liisa Öberg
2. What is a 'family' in EU law: do EU policies sufficiently address family diversity and its consequences? Alina Tryfonidou
3. What makes the family special? David Archard
4. Who counts as a family member? On the importance of 'doing family' in EU law Ségolène Barbou des Places
5. One big happy 'European family'? An external perspective Marja-Liisa Öberg
6. The fundament of the fundaments? family rights and the EU charter of fundamental rights Xavier Groussot, Gunnar Thor Pettursson and Alezini Loxa
7. The Status of family member as a pre-condition of the free movement in the EU Michael Bogdan
8. Family members and the citizens' rights directive: broadening the scope of the principle of effective judicial protection Albertina Albors-Llorens
9. All paths lead to equality? same-sex couples and rainbow families under European law Geoffrey Willems
10. Surrogacy before European courts: the gender of legal fictions Alice Margaria
11. The abused and neglected child in the EU family: risk, borders and public law child protection Ruth Lamont
12. The EU family: surviving ideological familism in times of illiberalism Nausica Palazzo
13. Epilogue to the Family in EU Law – Is there a European Family Law? Jens M. Scherpe