CEU Electronic Theses and Dissertations, 2008
| Author | Sinska, Lucia |
|---|---|
| Title | Protection of Rights of Children in the EU: Cross-Border Divorces and Separation of Parents |
| Summary | This thesis focuses on the protection of rights of children in the EU in cases of cross-border divorces and separation of parents. The aim of the thesis is to analyze the three levels of regulation of rights of children in cross-border family disputes in the EU. By comparison of the protection of fundamental rights of children in two systems, in the system of Council of Europe and in the system of EU law, the minimum standard of protection of fundamental rights of children in Europe is shown. Another comparison is carried out in order to assess the necessity of EU action in the field of private international family law. Thus the regulation through the Hague Conference and the EU measures are compared. The development of EU law in the past is traced and the inevitability of further action on the EU level is discussed. The relations of family law cannot be analyzed purely from the legal point of view, the relevant law must be seen and analyzed in a wider context, in the context of the ‘law and society’. The thesis shows the scope of protection of fundamental rights of children in Europe in cases of cross-border family disputes, discusses the necessity of the autonomous rights of children and the inevitability of further action of the EU in the field of family law. It also discusses the possible future harmonization of national family laws. Alternative proposals for harmonized family law are presented. |
| Supervisor | Granger, Marie-Pierre |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/sinska_lucia.pdf |
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