Abstract
EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
Highlights
The objective of this article is to study some of the ordinary issues that affect families, both married and unmarried couples, analyzing the legislation of countries of the European Union in a comparative way
By the end of the twentieth century, many legal scholars in Europe considered comparative law to be the necessary instrument for a harmonization of law within the EU
We have previously indicated that family law has not been developed enough in the scope of the European Union because of the essentially economic and monetarist sense of the Union
Summary
The objective of this article is to study some of the ordinary issues that affect families, both married and unmarried couples, analyzing the legislation of countries of the European Union in a comparative way. In development of the principles contained in Article 39 of the Constitutional text, laws that transformed family law have been enacted (in terms of filiation, parental authority and the economic regime of marriage, procedures to be followed in cases of nullity, separation and divorce, etc.). The law will regulate the forms of marriage, the age and capacity to contract it, the rights and duties of the spouses, the causes of separation and dissolution and their effects.” (The Spanish Constitution,1978). The public authorities ensure the integral protection of children, who are equal before the law regardless of their filiation, and of mothers, whatever their civil status.” (The Spanish Constitution, 1978). The individual will have the same rights and obligations toward the child as any other parent
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