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Conference ‘Families Beyond Borders. Migration with or without private international law’, Ghent University, 28 and 29 March 2019 (start 28 March at 1 pm)
On 28 and 29 March 2019, the international conference ‘Families Beyond Borders. Migration with or without private international law’ will take place in Ghent at the Faculty of Law of Ghent University (Belgium). The conference, organised by Jinske Verhellen, will focus on the challenging interactions between private international law, migration law and human rights law.
Speakers will deal with legal problems encountered by refugees and migrants with regard to their personal status acquired in one country and taken along to another country. How do people prove their family ties? How can families be reunited? How do unaccompanied refugee and migrant children prove their minority? How do asylum and migration authorities assess foreign documents that relate to the personal status of refugees? What happens if no (authentic) documents can be presented? How to combat fraud relating to personal status documents in an efficient manner without depriving migrants of their right to family life? These are just some questions that will be discussed.
The conference will put the spotlight on the ‘people’ (subject of all kinds of legal procedures). Therefore, the programme will be centred around three groups of people: persons in need of international protection, refugee and migrant children, migrants and their families. Both academics and experts with experience from the field will take and share the floor.
Ghent University is very honoured to welcome the following keynote speakers: Prof. James C. Hathaway (University of Michigan Law School) and Judge Ksenija Turkovic (European Court of Human Rights).
Confirmed speakers and rapporteurs are: Prof. Laura Carpaneto (University of Genoa), Prof. Sabine Corneloup (Université Paris II), Judge Martina Erb Klünemann (Family Court Germany, EJN and International Hague Network of Judges), Katja Fournier (Coordinator Platform Minors in Exile), Dr. Susanne Gössl (University of Bonn), Steve Heylen (Vice-President European Association of Civil Registrars), Christelle Hilpert (Head of the French Central Authority – 1996 Hague Convention), Prof. Maarit Jänterä-Jareborg (Uppsala University), Prof. Fabienne Jault-Seseke (Université Versailles), Prof. Thalia Kruger (University of Antwerp), Dr. Andrea Struwe, (attorney), Lise Van Baelen (Restoring Family Links Officer, Belgian Red Cross), Dr. Hans van Loon (former Secretary General of the Hague Conference on Private International Law), Prof. Jinske Verhellen (Ghent University) and Prof. Patrick Wautelet (Université de Liège).
Prof. Jean-Yves Carlier (Université catholique Louvain) will draw the conference conclusions.
The full program and information on registration is available here.
New publication: Silvia Marino, I rapporti patrimoniali della famiglia nella cooperazione giudiziaria civile dell’Unione europea
Silvia Marino has just published her new book on cross-border family patrimonial relationships. Here’s an abstract prepared by the author in English:
This study tackles the PIL-related aspects of the cross-border family’s patrimonial relationships. The main focus is on the coordination and the coherence of the different International and European sources of law, taking as cornerstones the two recent EU Regulations on the matrimonial property regimes and the patrimonial effects of registered partnerships. The other fields dealt with are international successions and maintenance, as part of the global patrimonial organization of the family. Due to the high number of International and European measures within this fields, the volume offers an accurate evaluation of the final coherence of the legislation, with particular regard within the EU.
The book starts with an historical introduction and a first analysis of the definitions (with particular regard to the current notion of family). Then, it tackles all the classical topics of PIL, under the light of the coherence of the patrimonial organization within the family. The first chapter analyses the coordination of International, European and National sources, as a necessary step to determine the applicable normative measure. Then, the study presents an examination of the convergences and divergences of the regulations in the different sources of law. The first parameter is the role of party autonomy, both within the determination of international jurisdiction and the conflict of laws. Indeed, all the measures examined leave a margin of freedom of choice in favour of the parties, which should stem into coherent outputs. The second parameter is the determination of the international jurisdiction, followed by the connecting factors, and the impact of their application to the coherence of the property regime’s regulation. The third parameter is the (scarce) legislation on the general issues of PIL, as rules on the correct functioning and application of the conflict of law rules. Finally, the last part is devoted to the different models of transnational circulation of judicial decisions, authentic instruments and Court settlements, which might have evidentiary and even enforceable effects within EU Member States. The number of acts that can freely circulate within the EU risks creating difficulties at the enforcement stage. The conclusions offer some few further ideas on the future developments of an EU Area of Freedom, Security and Justice.
Young Private International Law in Europe Workshop on ‘Recognition/Acceptance of Legal Situations’
Following the Second German Conference for Scholars in Private International Law, which will take place on 4 and 5 April 2019 at the University of Würzburg, Germany, the newly established research network Young Private International Law in Europe hosts a workshop on ‘Recognition/Acceptance of Legal Situations’. The organisers, Susanne Goessl (University of Bonn) and Martina Melcher (University of Graz), have kindly provided the following invitation:
Despite common rules, mutual interests, and similar challenges, a pan-European discussion of private international law issues among the ‘junior faculty’ is still missing. We want to change this by creating a network that brings young scholars together and allows a truly European exchange in the context of a particular topic.
With that purpose in mind, a small group of young scholars from various European countries has been engaging in a closer dialogue to address a common issue – namely the ‘recognition/acceptance of legal situations’ as required by the ECJ regarding names and, most recently, marriages. Each group member gathered information regarding their home jurisdiction and drafted a (preliminary) national report. Awareness, legal rules, and methodological approaches differ – sometimes tremendously.
On April 5, 2019, the group will meet in Würzburg (Germany) to present and discuss the preliminary results of the comparative study. During the first session (2.30 – 3.30 pm), which will form an annex to the German Young Private International Law Conference in Würzburg (https://www.jura.uni-wuerzburg.de/lehrstuehle/rupp/tagungen/ipr-nachwuchstagung/) and is open to the public, an overview will be given and particular methodological issues will be addressed. Afterwards, the group and a limited number of external participants will have the chance to engage in a more in-depth discussion in the context of a workshop (4 – 6 pm). The working language for both sessions is English.
We cordially invite any ‘junior faculty’ member of universities in EU Member States who is interested in the topic and the network itself to join us.
For the public session, please register at https://iprtagung2019.typeform.com/to/le2P2c (when prompted, select ‘Friday: project presentation “Recognition of Status”). If you are also interested in joining the workshop, we would kindly invite you to write a short e-mail to Susanne Gössl (sgoessl@uni-bonn.de) or Martina Melcher (martina.melcher@uni-graz.at) by March 1, 2019. Both sessions are free of charge, but for the workshop only a limited number of places is available. In exceptional cases, we might be able to reimburse some of the travel costs.
Further information and a detailed programme are available at: https://www.jura.uni-wuerzburg.de/lehrstuehle/rupp/tagungen/ipr-nachwuchstagung/