“Cross-border matrimonial rights in the EU: how the notion of the supranational citizen alters the conflict of family laws” by Maryia BRESKAYA

Synopsis: 

While family law continues to be a topic of utmost sensitivity for national legal traditions, the highly fragmented system of EU regulations on matrimonial issues creates a hitch at a moment when the number of international couples in the EU is constantly rising. Two new EU regulations on matrimonial property, which entered into force on 29 January 2019, aim at providing more coherent and predictable conflict laws for cross-border family law cases; yet, new legal provisions stay unwelcome for some EU countries. This brief discusses to what extent the new regulations can affect national traditions of family law and why some countries prefer to abstain from participating in the new regime in the light of the latest CJEU reasoning, or so-called 'Coman-Hamilton ruling', related to EU citizens’ rights.

Technical info: 
This is a policy brief published in the Trans European Policy Studies Association (TEPSA) Briefs.