1. The protection of fundamental rights in the Union’s legal system. – 1.1. Article 6 of the Treaty on European Union and other relevant sources. – 1.2. Fundamental rights concerning family and child-related matters. – 1.3. The functions performed by private international law rules – 2. Harmonisation as a way to enhance the protection of fundamental rights. - 3. The impact of human rights on the design of private international law rules. – 3.1. Fundamental rights as a factor of openness towards foreign judgments and foreign law. – 3.2. The relevance of human rights to the choice of connecting factors. - 4. A human rights-oriented interpretation of the Union’s private international law. – 4.1. Human rights as a key to the interpretation of the Union’s autonomous notions. - 4.2. Human rights as a guideline in the exercise of judicial discretion. – 5. Concluding remarks.
The Place of Human Rights in the Private International Law of the Union in Family Matters
Pietro Franzina
2019
Abstract
1. The protection of fundamental rights in the Union’s legal system. – 1.1. Article 6 of the Treaty on European Union and other relevant sources. – 1.2. Fundamental rights concerning family and child-related matters. – 1.3. The functions performed by private international law rules – 2. Harmonisation as a way to enhance the protection of fundamental rights. - 3. The impact of human rights on the design of private international law rules. – 3.1. Fundamental rights as a factor of openness towards foreign judgments and foreign law. – 3.2. The relevance of human rights to the choice of connecting factors. - 4. A human rights-oriented interpretation of the Union’s private international law. – 4.1. Human rights as a key to the interpretation of the Union’s autonomous notions. - 4.2. Human rights as a guideline in the exercise of judicial discretion. – 5. Concluding remarks.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
