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EU Family Law
This course introduces the underlying concepts, main institutions, and major regulatory issues of family law both from the Member States’ perspectives and that of the European Union. The course will focus on divorce, matrimonial issues, maintenance, parental responsibility, and successions, discussing these topics in the context of Member States’ national legislations.
What constitutes a ‘family’ in the European Union?
The answer to this question is constantly changing and increasingly varied. The standard of what a family looks like – a married, opposite-sex couple that lives with their biological children under the same roof and where the husband is the sole or primary bread-winner – has been eroding for a long time.
The presentations delivered in this course are designed to discuss rapid and substantial changes in family structures, concepts, and values that have emerged in Europe in recent years. Notions of marriage and partnership have been affected by this change: from the increasing recognition of same sex-marriages, the acceptance of private divorce, to the increasing legal protection of partnerships outside marriage.
The overall objective of this course is to introduce the underlying concepts, main institutions, and major regulatory issues of family law both from the Member States’ perspectives and that of the European Union.
The course will focus on:
- divorce, matrimonial issues, maintenance, parental responsibility, and successions in the context of Member States’ national legislations;
- the European Union’s regulatory response as well as the contribution of the Court of Justice of the European Union in ensuring a uniform interpretation of the Regulations in this area of the law;
- the treatment of cross-border child relocation cases, which are among the most difficult issues in family law.
What you will learn
The purpose of the course is two-fold:
- to familiarise participants with family law institutions, explaining the major differences in Member States’ legal systems related to family law issues;
- to shed light on the respective policy and legal considerations lying behind the European Union legislation emerging in the field of family law.
This course will help the participant to become acquainted with family law institutions, explaining the major differences in Member States’ legal systems related to family law issues. It will also shed light on the respective policy and legal considerations lying behind the European Union legislation emerging in the field of family law.
Taking a realistic approach and using practical examples, the course will provide participants with knowledge about:
- general concepts of family law;
- the legal framework of the EU Family Law;
- how EU legal instruments help national authorities in cross-border family law cases, and how citizens benefit from this intensified cooperation;
- the EU legal instruments in relation to divorce, matrimonial property, maintenance, succession, and parental responsibility.
EU and national civil servants, lawyers and in-house counsels dealing with family law, and national judges.
Project number: 2451201
Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg
Fee
The fee includes documentation, refreshments and lunches. Accommodation and travel costs are at the expense of the participants or their administration.
Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.
Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden.
For all other participants, the regular fee applies.
Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.
Loyalty coupon
As a token of appreciation we offer all our participants a loyalty coupon for one of our future courses. The offer can be shared with colleagues and relevant networks. The coupon will expire one year after its release. This discount is not cumulative with other discounts, except for the EIPA member fee.
Meals
Dietary preferences can be indicated on the registration form.
Hotel reservations
EIPA has special price arrangements with a number of hotels. Most rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out.
Kirchberg
- Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222
Luxembourg Centre
- Hotel Parc Plaza****, at the rate of €182, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
- Hotel Parc Bellevue***, at the rate of €150, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
- Hotel Simoncini****, at the rate of €190, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.
Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.
Payment
Prior payment is a condition for participation.
Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).
A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.
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Our experts
Programme
| 09.00 | Registration of participants |
| 09.30 | Welcome and introduction to family law This session will examine the major concepts and institutions of family law. The session will also explain the European Union’s competence and regulatory policy and instruments in this field. Cristina M. Mariottini, EIPA Luxembourg – European Centre for Judges and Lawyers |
| 10.00 | Parental responsibility – from the perspective of the EU and MSs’ legislation This session will explain the notion of parental responsibility and how that is regulated in the context of the Brussels II-ter Regulation (Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction). Nadia Rusinova, The Hague University, International and European Law Department |
| 11.00 | Q&A |
| 11.15 | Break |
| 11.45 | Parental responsibility – special questions related to international child abduction The session will examine in detail the Brussels II-ter Regulation and will refer to main issues in international child abduction, also with a view to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Nadia Rusinova, The Hague University, International and European Law Department |
| 12.45 | Q&A |
| 13.00 | Lunch |
| 14.30 | Case study Nadia Rusinova, and Cristina M. Mariottini |
| 15.30 | Divorce – jurisdiction, applicable law, and property consequences from the perspective of MSs’ legislation and the EU The first part of the session will focus on EU instruments dealing with the jurisdiction and applicable law in cross-border divorce cases (the former aspect is regulated by the Brussels II-ter Regulation; the latter by Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation). Then the property consequences of marriage and other family law institutions akin to marriage, such as registered partnerships, will be discussed. (This involves Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes; and Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law, and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships, respectively). Nadia Rusinova |
| 16.30 | Discussion |
| 17.00 | End of day 1 |
| 09.00 | Maintenance obligations The session will focus on the Maintenance Regulation (Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions, and cooperation in matters relating to maintenance obligations) and discuss how this instrument facilitates the collection of outstanding maintenance from a debtor in another Member State. It will include the relationship between the EU Regulation and the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, and related 2007 Hague Protocol on the Law Applicable to Maintenance Obligations. Cristina M. Mariottini |
| 10.00 | Q&A |
| 10.15 | Successions The session then will turn its attention to the Succession Regulation (Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012). It will explain how this instrument regulates questions of jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments in matters of succession, as well as the creation of a European Certificate of Succession. Carlos Santaló Goris EIPA Luxembourg – European Centre for Judges and Lawyers |
| 11.45 | Q&A |
| 12.00 | Case study Cristina M. Mariottini and Carlos Santaló Goris |
| 12.45 | Conclusions and evaluation |
| 13.00 | End of the course |