The Family

Cross-border family cases and religious diversity What can judges do?

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Author(s): 
Maarit Jänterä-Jareborg
Publication: 
Religare Working Paper No. 10 / January 2013
Abstract: 

This contribution focuses on challenges faced by European judges when examining family disputes in a multicultural context. Why are judges, generally, so uneasy when facing religiously or culturally motivated claims? Under what conditions can religious law be applied in cross-border family cases? What are the limits of Private International Law in this respect? Case law from primarily the Nordic jurisdictions is examined in order to illustrate the points made. Ultimately, the parties’ ability to formulate their claims in a legal language is essential for the outcome of a dispute. Where permitted by the rules of procedure of the competent court, the judge should strive to stimulate an active dialogue with the parties for the purpose of acquiring a better understanding of the issues at stake.

Religion, Family and the Law - Innovative Approaches to Law and Policy

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Author(s): 
Mathias Rohe, (Universität Erlangen-Nürnberg, Centre for Islam and Law in Europe)
Publication: 
RELIGARE Policy Brief
Abstract: 

This policy brief examines the intersections between religious diversity, family law and free movement. It asks how policymakers and practitioners should address issues affecting religious minorities in the field of family law, particularly where the legal status accorded (or not) to family situations creates tensions with human rights and EU fundamental freedoms such as free movement. The brief identifies areas of tension revealed by case law and advances recommendations for policymakers.
 

Bibliography on the Research Area working on the FAMILY (WP3)

RESEARCH AREA on the FAMILY (WP3)

 

ALUFFI, R., ZINCONE, G. (eds), The legal treatment of islamic minorities in Europe, Leuven, Peeters, 2004

 

COULMONT, Baptiste, “Mariages homosexuels, religion et Etat aux Etats-Unis”, in ROCHEFORT, Florence (ed.), Le pouvoir du genre. Laïcités et religions 1905-2005, Paris, Presses Universitaires du Mirail, 2007, p. 217-228

 

EVENT - RELIGARE EXPERT SEMINAR: Unregistered Marriages and Alternative Dispute Resolution in European Legal Systems, London, UK

04/09/2012 10:00
04/09/2012 19:30
Organizer(s)

Venue: Mason Lecture Theatre, Francis Bancroft Building
Queen Mary, University of London, Mile End Road, London E1 4NS

 

The Expert Seminar brought together academics to discuss on unregistered Marriages and Alternative Dispute Resolution in European Legal Systems.

 

Visit now the PODCASTS of the event at: http://www.law.qmul.ac.uk/events/podcasts/religare2012/index.html

 

For more information about this event, please see:
http://www.law.qmul.ac.uk/events/items/79537.html

SEMINAR FOR JUDGES: The judiciary facing religious pluralism in family matters

05/12/2011 09:00
06/12/2011 13:30

Organizers: Organised by RELIGARE and the Institute for Judicial Training.

 

RELIGARE researchers focusing on the thematic research area ‘The Family’ organised a seminar for judges in Brussels on 5th- 6th December 2011. The purpose of the event was to generate a dialogue between judges of various countries and the RELIGARE team. The seminar included around 30 participants of whom half were judges drawn from Belgium, France, Germany, the Netherlands, Spain, Turkey and the UK.

EVENING LECTURE: Cross-border family cases and religious diversity: What can/must judges do?, 5 December 2011, Brussels, Belgium

05/12/2011 18:00
05/12/2011 20:00

Organizers: Organised by RELIGARE and the Institute for Judicial Training

 

Venue: Centre for European Policy Studies (CEPS), Place du Congrès 1, B-1000 Brussels, Belgium - Conference Room

 

The Evening Lecture on 'Cross-border family cases and religious diversity: What can/must judges do?' will be given by Maarit Jänterä-Jareborg, Professor and former Dean of the Faculty of Law of Uppsala University.

 

State of the Art Report: The Family

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Author(s): 
Thalia Kruger
Publication: 
RELIGARE State of the Art Report
Abstract: 

Private international law is mainly concerned with linking private law relations to a national legal system. Its rules are usually only used when the relations at stake have cross-border elements. This legal discipline uses a tight methodology: classifying the legal problem and employing connecting factors to refer to a particular legal system. This paper considers the various elements of private international law that are indicative of the positivistic nature ascribed to it. In doing so, it demonstrates that private international law is not neutral, but often concerned with the outcome.
As private international law is a formal legal discipline, it can be used to keep legal pluralism out. For instance, by the use of connecting factors on the one hand and exceptions (such as public policy) on the other, private international law can prevent the application of certain legal norms. Alternatively, private international law can show itself to be tolerant and allow the application of different norms. The paper concludes with suggestions for further research.

Mathias Rohe

Name: 
Mathias
Surname: 
Rohe
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Role in the project: 
Leader of Research Area

Mathias Rohe is chairman of the German society for Arabic and Islamic Law. He is also member of the German Islamkonferenz run by the Federal Ministry of the Interior and member of the board of trustees of the Near and Far East Association (NUMOV) and of several inter-religious organisations. He has given several hundreds of lectures on issues relating to Islam and the law in Europe in universities and other scientific institutions from Harvard to Tokyo.

Merih Kütük

Name: 
Merih
Surname: 
Kütük
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Role in the project: 
Researcher

Merih Kütük has a law degree in Erlangen/Germany at Friedrich-Alexander-Universität Erlangen-Nürnberg (2010). He is Research assistant of professorship Prof. Dr. Rohe in Erlangen (since 2010).

Jörn Thielmann

Name: 
Jörn
Surname: 
Thielmann
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Role in the project: 
Researcher

Jörn Thielmann (Ph.D., Islamic Studies, Ruhr-University Bochum) is since January 2009 Managing Director of the Erlangen Centre for Islam and Law in Europe EZIRE at the Friedrich-Alexander-University Erlangen-Nuremberg. From 2003 until 2008, he headed the Orient-Occident Center Mainz (KOOM) at the University of Mainz.

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