Morally Sensitive Issues and Cross-Border Movement in the EU: The cases of reproductive matters and legal

Nelleke Koffeman

ISBN 10: 1780683499 / ISBN 13: 9781780683492

Editore: Intersentia, 2015

Riguardo questo articolo

THERE ARE NO TARIFFS OR CUSTOMS DUTIES ON BOOKS. This book relates to the cases of reproductive matters and legal recognition of same-sex relationships within the EU. The volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. Text is clean and bright.

Codice articolo 426198

Dati bibliografici

• Titolo: Morally Sensitive Issues and Cross-Border Movement in the EU: The cases of reproductive matters and legal
• Editore: Intersentia
• Data di pubblicazione: 2015
• Lingua: Inglese
• ISBN 10: 1780683499
• ISBN 13: 9781780683492
• Rilegatura: Paperback
• Condizione: Good

Descrizione articolo

Riassunto

Within the EU, there is considerable diversity on morally sensitive issues, such as the legal recognition of same-sex relationships or reproductive matters (abortion, assisted reproduction, surrogacy, etc.). States generally express recognition of such diversity and it is explicitly respected at the European level, even though the (implicit) influence of European law is increasingly visible in these areas. Cross-border movement within the EU adds a new dimension to this complex picture. Member States are increasingly confronted by one another's regimes. For example, same-sex couples who reside in one Member State claim the recognition of their marriage conducted in another State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This PhD thesis explores these cross-border dimensions by identifying a number of pressing questions and providing insight into the interests that are at stake in such situations. The book investigates what (if any) standard-setting is in place in three national jurisdictions (Ireland, Germany, and the Netherlands), as well as in the relevant European jurisdictions (EU law and the European Convention on Human Rights). The analysis provides insight into what considerations and interests have played a role in legislative debates and case law, in what respects the regimes differ, and how European law has influenced national standards. Additionally, the book looks at how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. Thesis. (Series: School of Human Rights Research - Vol. 72) [Subject: EU Law, Human Rights Law, Comparative Law, Socio-Legal Studies]

Dalla quarta di copertina

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.

Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another’s regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.

This volume firstly investigates what – if any – standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to – or are obliged under European law to – accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.

This volume has been written as a PhD thesis by Nelleke Koffeman (Europa Institute, Leiden University), supervised by Prof. Dr. Janneke Gerards (Radboud University) and Prof. Dr. Rick Lawson (Leiden University).