The UK has decided to leave the EU per 29 March 2019. What does this Brexit mean for the development and application of EU law within the British legal order? How will the highest courts approach... Show moreThe UK has decided to leave the EU per 29 March 2019. What does this Brexit mean for the development and application of EU law within the British legal order? How will the highest courts approach this situation? Show less
This report (edited by Kees Waaldijk) includes contributions by Daniel Damonzé, Marie Digoix, Marina Franchi, Natalie Nikolina, José Ignacio Pichardo Galán, Giulia Selmi, Matias de Stéfano Barbero,... Show moreThis report (edited by Kees Waaldijk) includes contributions by Daniel Damonzé, Marie Digoix, Marina Franchi, Natalie Nikolina, José Ignacio Pichardo Galán, Giulia Selmi, Matias de Stéfano Barbero, Matthias Thibeaud, Jose A.M. Vela, Kees Waaldijk, and Giuseppe Zago.This report offers a comparative analysis of legal and other data concerning same-sex (and different-sex) families, in marriage, in registered partnership, and in cohabitation. These data (from a legal survey among legal experts in 21 European countries, from sociological interviews with same-sex families in four European countries, and from a statistical survey of twelve European countries) have been brought together in the LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples (www.LawsAndFamilies.eu). The report presents the database and the methodology of the legal survey, followed by an overview and analysis of the main results of that survey for the different countries in light of European minimum standards, plus five comparative cases studies on specific legal issues for which the database now provides detailed information, and a synthesis of the findings from the qualitative interviews. The conclusion highlights the main findings on the situation of same-sex couples, including gender aspects, and offers recommendations for further research and for legal policy; it connects legal and sociological findings, and presents correlations between laws, public attitudes, and statistics. The general theme of the report is increasing legal equality for increasing diversity of families.The text of the legal LawsAndFamilies questionnaire, plus the text of the guidance document provided to legal experts answering this questionnaire, is available at http://www.familiesandsocieties.eu/wp-content/uploads/2016/12/WP64-Waaldijketal2016.pdf. Show less
Alogna, I.; Beumers, M.T.; Borghetti, J-S.; Cabarrus, C. de; Castermans, A.G.; Cormier, M.; ... ; Veldt, G.M. 2017
In this joint contribution we assess the proposal by the French Ministry to reform French liability law from a comparative perspective. The contribution is followed by a reaction of Mme. De... Show moreIn this joint contribution we assess the proposal by the French Ministry to reform French liability law from a comparative perspective. The contribution is followed by a reaction of Mme. De Cabarrus, magistrate at the French Ministry of Justice. Show less
Intuitively setting European Union (EU)-wide common standards on pretrial detention appears advisable: It strengthens fair trial standards for persons accused of criminal offences and aids... Show moreIntuitively setting European Union (EU)-wide common standards on pretrial detention appears advisable: It strengthens fair trial standards for persons accused of criminal offences and aids cooperation among the judiciary of Member States. However, at second glance, the European Parliament and Council’s competence to act appears somewhat shaky. This article examines whether the EU has competence to legislate on pretrial detention under Article 82(2) of the Treaty for the Functioning of the EU. Show less
Waaldijk, C.; Lorenzo Villaverde, J.M.; Nikolina, N.; Zago, G. 2016
This Working Paper of the research project FamiliesAndSocieties contains the text of the LawsAndFamilies questionnaire, plus the text of the guidance document provided to legal experts answering... Show moreThis Working Paper of the research project FamiliesAndSocieties contains the text of the LawsAndFamilies questionnaire, plus the text of the guidance document provided to legal experts answering this questionnaire. These texts are preceded by a brief introduction to the background, aims and development of this questionnaire on legal family formats for same-sex and/or different-sex couples. The majority of questions ask if – in the jurisdiction of the legal expert concerned – a specific legal consequence is attached or not to (same-sex and/or different-sex) marriage, registered partnership and/or cohabitation. And it asks since when this is so. The questions are about legal aspects of formalisation, income and troubles, parenting, migration, splitting up and death. The questionnaire is used to create The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples, www.LawsAndFamilies.eu, where from early 2017 the answers to the questionnaire provide an overview of the legal situation in more than 20 European countries. Show less
