Bogoslovska smotra, Vol. 69 No. 2-3, 1999.
Pregledni rad
Marriage and the Family in Legislation in Croatia and the European Union
Nenad Hlača
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
The necessity of economic cooperation on the supranational plan of European countries after the second world war lead to the creation of the European Community, after 1993 the European Union. Room was needed for a common market, to allow for the free flow of people, goods, services, and capital. The European Union has its own court for resolving disputes in relation to agreements signed by member states - the European Court of Justice. Agreements on which the European Union is based do not contain paragraphs which advance and protect human rights. Given that the starting point of integration into the European Union were rights of an economic character, those in connection with family life in general were interwoven with categories such as the right to work, the right to reside and receive a work permit, equal employment of men and women. An article of the second Maastricht agreement officially proclaimed that the European Union will respect human rights and basic freedoms as basic principle rights of a community under the European convention for the protection of rights and basic freedoms and a constitutional tradition which is common to all member states. Because all member states of the European Union and at the same time member states of the Council of Europe ratified the European Convention for the protection of human rights and basic freedoms and accepted jurisdiction of the European Court of Justice over human rights it is to be expected that the matter in question is that of accepted standards of protection of human rights. The Republic of Croatia became a member of the Council of Europe and subject to the European convention of human rights and basic freedoms on November 6, 1996. In the article, explains the norms of the Convention for the protection of human rights and basic freedoms which regulate marriage and family relationships, and explains the judgement of the European Court and the European Court for human rights. After these considerations follows the conclusion that admissible states are almost absolutely sovereign in their legal approach to this matter since member states acknowledge wide authority in the area of family relations, it seems that in Europe it is easier to become a monetary union than to create a standard of human rights and freedoms in the domain of family rights, although unification in a Europe without borders is inevitable.
Ključne riječi
marriage; family; human rights; legislation; European Union
Hrčak ID:
31502
URI
Datum izdavanja:
22.12.1999.
Posjeta: 2.479 *