Commission for European Family Law
The Commission on European Family Law (English: Commission on European Family Law, shortly CEFL ) is a scientific initiative in on 1 September 2001 Utrecht was founded (Netherlands).
The CEFL represents 22 legal systems (Belgium, Bulgaria, Denmark, Germany, England and Wales, Finland, France, Greece, Ireland, Italy, Netherlands, Norway, Austria, Poland, Portugal, Russia, Scotland, Sweden, Switzerland, Spain, Czech Republic, Hungary ) and consists of an organizing committee and an expert group. The CEFL is to be understood as an independent and purely scientific initiative that is not subject to any international institution. The chairman of the CEFL is Katharina Boele-Woelki , professor at the University of Utrecht . The main objective of the CEFL is to develop pioneering theoretical and practical considerations for the harmonization of family law in Europe.
Working method
The formulation of principles for European family law plays a crucial role in the work of the CEFL.
To this end, those areas of family law that are most accessible to harmonization are selected. In a second step, questionnaires are designed, whereby the questions are asked in a purely functional way, without going into the concept of a special legal system . So it is asked about the fundamental problem that a special legal regulation is supposed to remedy. The third step involves the preparation of country reports that address both the written law and its actual practical application. The fourth step involves collecting and disseminating the comparative law material. In addition to the publication of the respective country reports, which are accessible on the CEFL homepage, there is an integrated written version in which the country reports are subordinate to the respective questions. This integrated version enables a quick overview and a direct and easy comparison of the various solutions within the national legal systems. In the fifth step, the principles of European family law are drawn up. For this purpose, suggestions are made by the members of the organizing committee, which are then discussed with the authors of the country reports (the expert group). The sixth and final step is to publish the principles. This work process takes a period of 3 years.
After the comparative analysis of the country reports, the CEFL has various options for creating the principles. In this way, a common core solution can be chosen within the various legal systems . In many cases, however, the CEFL has also opted for a better law solution , and not only in situations in which no common core could be found.
Principles
Divorce and post-marital maintenance principles
The CEFL had chosen divorce and post-marital maintenance as the first field of work . The relevant principles were published in 2004.
Principles of Parental Responsibility
In 2007 the principles of parental responsibility were published.
Principles of the marital property regime
The current field of activity of the CEFL is the marital property regime.
outlook
In 2007 the CEFL was nominated for the Descartes Prize of the European Union.
A CEFL-related project is the UCERF (Utrecht Center for European Research into Family Law), founded in 2007.
Individual evidence
- ↑ Archived copy ( memento of the original from November 20, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Katharina Boele-Woelki, F. Ferrand, C. González Beilfuss, Jänterä-Jareborg, N. Lowe, D. Martiny, W. Pintens (eds.), Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses , European Family Law Series, No. 7, 2004.
- ↑ K. Boele-Woelki, F. Ferrand, C. González Beilfuss, M. Jänterä-Jareborg, N. Lowe, D. Martiny, W. Pintens (eds.), Principles of European Family Law Regarding Parental Responsibilities , European Family Law Series, No. 16, 2007.
- ↑ Archived copy ( memento of the original from March 21, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
