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.

Franzina, P., The Place of Human Rights in the Private International Law of the Union in Family Matters, in Bergamini, E., Ragni, C. (ed.), Fundamental Rights and Best Interests of the Child in Transnational Families, Intersentia, Cambridge 2019: 141- 155 [http://hdl.handle.net/10807/148895]

The Place of Human Rights in the Private International Law of the Union in Family Matters

Franzina, Pietro
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.
2019
Inglese
Fundamental Rights and Best Interests of the Child in Transnational Families
9781780686653
Intersentia
Franzina, P., The Place of Human Rights in the Private International Law of the Union in Family Matters, in Bergamini, E., Ragni, C. (ed.), Fundamental Rights and Best Interests of the Child in Transnational Families, Intersentia, Cambridge 2019: 141- 155 [http://hdl.handle.net/10807/148895]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/148895
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