EU FAMILY LAW AND THE PROTECTION OF TRADITIONAL FAMILY VALUES

The EU, a sui generis association of 27 European countries, derives its authority from the competences conferred upon it by its Member States.These competences are enumerated in its Founding Treaties and categorized into three different groups: exclusive, shared and supporting competences.Even though substantive Family law is not included in any of these categories, it is not uncommon for EU institutions to regulate this matter, referring to the proper functioning of the internal market.This happens in particular through soft law instruments and the Court of Justice (the Curia) case-law.Soft law instruments, although being non-binding, have a considerable impact on national legislators, which are seeking inspiration and solutions in external influences.The Curia, whose role is to ensure equal interpretation and application of EU law in all the Member States, more and more often passes judgements which involve substantive Family law institutes, such as marriage and family.It is through the Curia's jurisprudence that the EU is slowly but surely encroaching on the field of substantive Family law.Referring to the right to move and reside freely within the EU, the Curia passes judgments that might have a major impact on national values, traditions and customs.Cases Coman v. Romania and "Pancharevo" are perfect examples which display a conflict between the right to move and reside freely within the territory of the EU and the right of the Member States to protect their national identity.