Pārrobežu laulības šķiršana Eiropas Savienībā mijiedarbībā ar tiesību uz laulības šķiršanu kā patstāvīgu cilvēktiesību neatzīšanu Eiropā

The Rome III Regulation contains unified conflict-of-laws rules on the law applicable to cross-border divorce. However, there are significant differences in the legal framework of divorce between EU Member States. Besides, the right to divorce is not recognised as an independent human right in Europe, protected by the European Convention on Human Rights, and the right to divorce is not included in the EU Charter of Fundamental Rights either. In this article, the author examines the rulings of the European Court of Human Rights in Johnston and others v. Ireland, Babiarz v. Poland and Piotrowski v. Poland and analyses issues that the application of Rome III in cross-border divorce cases may raise in interaction with the failure to recognise the right to divorce as an independent human right.