Suchergebnisse

The Term 'Spouse' in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16)
The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term 'spouse' for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

The Impact of the Treaty of Lisbon on the EU Private International LawThe paper deals with private international law after the adoption of the Treaty of Lisbon. In particular, it discusses the legal basis for adopting secondary legislation in this field and the EU competence to conclude international agreements. Next, the EU legislative activity is presented, with particular emphasis on family law, in which enhanced cooperation has already been initiated twice.