Under construction: EU family law

Article abstract:

Provisions on family law were not contemplated by the founding fathers of the European Community. However it soon appeared that the concept of the family and its organisation were not alien to European law. This has led to an academic debate on whether it was possible to foresee an 'embryonic EU family law'. This debate has been recently fuelled by the developments brought about by the Treaty of Amsterdam and the Draft Treaty Establishing a Constitution for Europe. This article seeks to contribute to the debate in this area. It argues that the emerging EU family law is comparable to a building under construction where certain provisions form the foundations, others the building blocks and others the roof. This article concludes that, although the EU family law building has all the necessary blocks, it lacks cement, and this makes it a fragile edifice.

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