Cross-Border Recognition of Formalized Same-Sex Relationships

This book focuses on the civil status validity of formalized relationships of same-sex couples when such couples move across borders between EU Member States. The Baltic States, Estonia, Latvia, Lithuania, and Poland, are used as examples of States that are less accommodating of same-sex relationships concluded abroad.
Author(s):
Laima Vaige
Series:
European Family Law
Volume:
53
book | published | 1st edition
September 2022 | xliv + 480 pp.

Paperback

€145.-

ISBN 9781839702563


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E-book

€145.-

ISBN 9781839703157

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Details

Same-sex relationships have successively qualified for formalization through marriage or registered partnership in many European countries. However, some EU Member States still refuse to give them any form of recognition or only allow very limited legal effects. The irregular speed of development in domestic family laws in EU Member States results in “limping family” relations, that is, family relations that are recognised as creating a formal civil status in many EU Member States, but not in all of them. The ordre public safeguard of private international law has widely been used to justify why a same-sex marriage or registered partnership cannot be recognised. The pretext tends to be that national identity, allegedly, becomes threatened. Nevertheless, the case-law of the European Court of Human Rights and the Court of Justice of European Union provides new standards for recognition, which create legal obligations for EU Member States.

The author focuses on the interaction between human rights standards and private international law, carrying out a deft investigation of the impact of “Europeanization” on this interaction, analysing legal effects of same-sex marriages and registered partnerships in the Baltic States and Poland in a cross-border context. The central theme in this book is the elusive and ever-changing concept of ordre public, and the interplay between its understanding(s) at the national and European levels.

The aim of this book is to evaluate the impact of culture in this area of study, within the context of the analysed States’ recent histories, societal developments, and religions. This book is published at a time of clashes between traditional family values and gender equality in Europe. In States like Lithuania and Poland, the heterosexual nature of marriage is considered to be a fundamental component of the State’s national identity and public policy. Nevertheless, the book reveals how different legal understandings of national identity, ordre public, and the family can co-exist in parallel.

LAIMA VAIGE has defended 2 doctorates: at Uppsala University, Sweden (2021) and at Mykolas Romeris University, Lithuania (2017). Currently she is a senior lecturer in law at Örebro university, Sweden.

Table of Contents

Table of contents and preliminary pages (p. 0)

Laima Vaige

PART I. SETTING THE STAGE

Chapter 1. Introduction (p. 3)

Chapter 2. The Theory on Ordre Public in Private International Law (p. 35)

PART II. THE ORDRE PUBLIC IN THE BALTIC STATES AND POLAND

Chapter 3. Cross-Border Recognition of Formalized Family Status in the Baltic States and Poland (p. 67)

Chapter 4. Inclusion of Formalized Same-Sex Relationships into Civil Registry and the Right to Enter and Reside (p. 129)

PART III. THE EUROPEAN AND THE EU ORDRE PUBLIC

Chapter 5. “For the Sole Purpose of” Approach to Formalized Same-Sex Relationships (p. 161)

Chapter 6. Cross-Border Recognition of the Civil Status in Previous Case-Law of European Supranational Courts (p. 197)

Chapter 7. Supranational European Law of the Future: Cross-Border Recognition of Same-Sex Marriages in Full (p. 243)

Chapter 8. International Treaties on Cross-Border Recognition of Marriages and Partnerships (p. 283)

PART IV. LEGAL EFFECTS OF FORMALIZED SAME-SEX RELATIONSHIPS: NATIONAL AND SUPRANATIONAL LAW

Chapter 9. Granting Formalized Same-Sex Relationships Certain Legal Effects in Family Law and Beyond: Recognition in Part under Supranational European Law (p. 301)

Chapter 10. Granting Formalized Same-Sex Relationship Effects in Family Law and Beyond: National Law (p. 331)

PART V. LAW IN CONTEXT

Chapter 11. Private International Law in Context (p. 355)

Chapter 12. Contextualizing Social and Legal Developments in the Baltic States and Poland (p. 363)

Chapter 13. Protection against and Re-Cognition of “Foreign” Realities (p. 407)

Chapter 14. Conclusions (p. 425)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Professor Velina Todorova (Bulgaria).

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