European and International Family Law

Course titleEuropean and International Family Law
Number of ECTS credits6 Mirela Župan
Office AddressRadićeva 13 S. Radića 17
Telephone+385 31 224 500 Vjekoslav Puljko
Office Address
e-mailnije kreiran
Course content

The course provides for the study of the following problematic issues: the determination of the concept and content of European family law and international family law; setng the structure of the relevant legal sources; analysis of the four basic components in the area of private international law: applicable law, international jurisdiction, recognition and enforcement of foreign decisions and intergovernmental cooperation. Issues would be elaborated through relevant formal legal sources, in particular the Hague Conventions and the EU regulations. In particular these would be: Hague Convention on Protection of Children and Cooperation in cases of international adoptions of 1993 .; The Hague Convention on jurisdiction, applicable law, recognition and enforcement and cooperation on parental responsibility and child protection measures of 1996, the Hague Convention on the Civil Aspects of International Child Abduction of 1980 and the Hague Convention on child support of 2007, Protocol on the Law applicable to maintenance obligations of 2007. Domain of the acquis is envisaged through the study of the Regulation no. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and parental responsibility, Regulation (EC) of the European Parliament and the Council no. 4/2009. on international jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters of maintenance, with inclusion of the Protocol on the law applicable to the maintenance of the 2007; Regulation (EU) no. 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce. Identified problem areas are studied through the case-law of the Court of EU and the European Court of Human Rights.

Course learning outcomes

Acquire a general knowledge of the legal system of the European and international family law. , Understand the formal legal sources in this area and their correct hierarchy., Learn the basic principles of this legal discipline., Understand the basics of applicable law in the field of international and European family law., Learn the basics of European and international family procedural law., Learn to critically analyze the practice of the Court of Justice of the EU and ECHR relevant in this legal area.,

☑ Lectures
☐ Seminars and workshops
☑ Exercises
☑ Independent tasks
☐ Multimedia and internet
☑ Distance education
☐ Office hours
☐ Laboratory
☐ Field work
☑ Mentoring work
☐ Knowledge test
☑ Oral exam
☑ Written exam
☐ Colloquium
Other: pohađanje nastave, aktivnost u nastavi, esej
Required reading
Baarsma, N. A.. The Europeanisation of International Family Law (odabrana poglavlja). 2011. Springer
Korać-Graovac, A., Majstorović,I., (ur.). Europsko obiteljsko pravo (odabrana poglavlja). 2013. Narodne novine
Medić-Musa, I. . Komentar Uredbe Bruxelles II bis u području roditeljske skrbi. 2012. Pravni fakultet Osijek
Župan, M., . Innovations of the 2007 Hague Maintenance Protocol, u Beaumont, P., eds., Recovery of maintenance in the EU and worldwide. 2014. Hart Law Publishing
Župan, M. (ur.) . Private International Law in the Jurisprudence of European Courts – family at focus (odabrana poglavlja). 2015. Pravni fakultet Osijek
Optional reading
Babić, D., Jessel Holst, Ch. . Međunarodno privatno pravo : zbirka unutarnjih, europskih i međunarodnih propisa. 2011. Narodne novine
Župan, M., Ledić, S.. Cross-border family matters - Croatian experience prior to EU accession and future expectations. 2014. Pravni vjesnik 3-4