Izvorni znanstveni članak
https://doi.org/10.32984/gapzh.10.1.7
Council of Europe’s Indirect Impact on European Union in the Light of the Family Law Values
Dubravka Hrabar
orcid.org/0000-0002-4103-8190
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The European Union and the Council of Europe are two organizations whose objectives often overlap although their missions were originally different: the European Union is primarily an economic formation, while the Council of Europe is a political organization. Both have their courts with an increasing volume of case law, which is not always mutually consistent. The fundamental acts of the European Union, although devoid of religion, point out special values bringing together member states, such as respect for human dignity, freedom, equality, the rule of law, and respect for human rights. According to its Statute, the Council of Europe points out that common heritage of member states and promotion of human rights and fundamental freedoms are goals which are necessary to preserve human society and civilization. In addition, it emphasizes its adherence to cultural and moral values which are the common heritage of its members. The relationship between the European Union and the Council of Europe is special, and although there has been no support for the ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms by the EU, the EU has signed the Istanbul Convention which has gaven rise to great expectations of liberal political parties and lobbies regarding its ratification in the near future. It is not clear what this will mean for EU member states which have not ratified the Convention and probably never will. This constitutes a departure from original European values promoted at the time of the establishment of these organizations, which is evident from the case law of the European Court of Human Rights and the most recent decisions of the Court of Justice of the EU where the Court gave its interpretation of the (same-sex) marriage and contacts of family members in the context of freedom of movement and gender change (within the framework of the prohibition of gender-based discrimination in marriage). This approach is innovative in European law in its widest sense and it eradicates national family laws, their system of values, constitutional foundations and public order. In addition, a unification of family law institutes is imposed although jurisprudence points out the negligible number which would be acceptable for unification. In the political and legal sense, the principle of „unity in diversity“ has been abandoned.
Ključne riječi
European Union; Council of Europe; constitutional values; European law; family law
Hrčak ID:
222949
URI
Datum izdavanja:
18.7.2019.
Posjeta: 1.822 *