Cross-Border Recognition of Formalized Same-Sex Relationships: The Role of <i>Ordre Public</i>

Laima Vaige

doi:10.1017/9781839703157

Same-sex relationships have successively qualified for formalization through marriage or registered partnership in many European countries. However, some EU Member States still refuse to give them any form of recognition or only allow very limited legal effects. The irregular speed of development in domestic family laws in EU Member States results in 'limping family' relations, that is, family relations that are recognised as creating a formal civil status in many EU Member States, but not in all of them. The ordre public safeguard of private international law has widely been used to justify why a same-sex marriage or registered partnership cannot be recognised. The pretext tends to be that national identity, allegedly, becomes threatened. Nevertheless, the case-law of the European Court of Human Rights and the Court of Justice of European Union provides new standards for recognition, which create legal obligations for EU Member States.

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Contents

Frontmatter
pp i-iv
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Preface
pp v-vi
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Contents
pp vii-xxiv
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List of Abbreviations
pp xxv-xxvi
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Special Terminology
pp xxvii-xxx
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List of Legislation and Other Instruments
pp xxxi-xxxviii
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List of Cases
pp xxxix-xliv
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Part I - Setting the Stage
pp 1-2
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Chapter 1 - Introduction
pp 3-34
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Chapter 2 - The Theory on Ordre Public in Private International Law
pp 35-64
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Part II - The Ordre Public in the Baltic States and Poland
pp 65-66
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Chapter 3 - Cross-Border Recognition of Formalized Family Status in the Baltic States and Poland
pp 67-128
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Chapter 4 - Inclusion of Formalized Same-Sex Relationships into Civil Registry and the Right to Enter and Reside
pp 129-158
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Part III - The European and the EU Ordre Public
pp 159-160
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Chapter 5 - “For the Sole Purpose of” Approach to Formalized Same-Sex Relationships
pp 161-196
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Chapter 6 - Cross-Border Recognition of the Civil Status in Previous Case-Law of European Supranational Courts
pp 197-242
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Chapter 7 - Supranational European Law of the Future: Cross-Border Recognition of Same-Sex Marriages in Full
pp 243-282
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Chapter 8 - International Treaties on Cross-Border Recognition of Marriages and Partnerships
pp 283-298
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Part IV - Legal Effects of Formalized Same-Sex Relationships: National and Supranational Law
pp 299-300
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Chapter 9 - Granting Formalized Same-Sex Relationships Certain Legal Effects in Family Law and Beyond: Recognition in Part under Supranational European Law
pp 301-330
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Chapter 10 - Granting Formalized Same-Sex Relationship Effects in Family Law and Beyond: National Law
pp 331-352
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Part V - Law in Context
pp 353-354
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Chapter 11 - Private International Law in Context
pp 355-362
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Chapter 12 - Contextualizing Social and Legal Developments in the Baltic States and Poland
pp 363-406
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Chapter 13 - Protection against and Re-Cognition of “Foreign” Realities
pp 407-424
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Chapter 14 - Conclusions
pp 425-436
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Bibliography
pp 437-460
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Index
pp 461-474
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About the Author
pp 475-476
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European Family Law Series
pp 477-479
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Cross-Border Recognition of Formalized Same-Sex Relationships

The Role of Ordre Public

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