Crossing borders : proving your personal status : interactions between private international law and human rights law / Sarah Den Haese.

Format:

Book

Author/Creator:

Den Haese, Sarah, author.

Language:

English

Subjects (All):

Conflict of laws--Persons--Belgium.

Conflict of laws.

Conflict of laws--Persons--Netherlands.

Conflict of laws--Persons--European Union countries.

Human rights--Belgium.

Human rights.

Human rights--Netherlands.

Human rights--European Union countries.

Legal documents.

Physical Description:

1 online resource (489 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven, [2023]

Summary:

This book explores the intersection of private international law and human rights law in the context of recognizing personal status documents, such as birth, marriage, and death records, across borders. It provides a detailed examination of the legal frameworks in Belgium and the Netherlands and assesses how human rights law and European Union principles influence the recognition of personal status obtained abroad. The book includes a comprehensive analysis of legislation, legal doctrine, and case law from the European Court of Human Rights and the Court of Justice of the European Union. It also reports on a bilingual survey conducted among Belgian and Dutch public servants and analyzes over 500 judgments related to foreign personal status recognition. Aimed at legal practitioners and students, it offers insights into the portability of personal status within the EU and suggests areas for future research and improvements in legal practice. Generated by AI.

Contents:

Intro

Table of Contents

Abbreviations

Terminology: translations

Introduction

1 Background

2 Research questions

3 Delineation

3.1 Material scope

3.2 Territorial scope

4 Research approach and methodology

5 Scientific relevance

6 Structure

1 Private international law framework in Belgium and the Netherlands

1 Introduction

2 Belgium: Belgian Code of Private International Law

2.1 Recognition of foreign judgments

2.2 Recognition of foreign authentic instruments

2.3 Role of the public prosecutor's office and the Central Civil Status Authority

2.4 Recognition of decisions on the provision of care by kafala

3 The Netherlands: Book 10 of the Dutch Civil Code

3.1 Recognition of foreign marriage certificates

3.2 Recognition of filiation established abroad

3.3 Role of the Advisory Committee for personal status and nationality cases

3.4 Recognition of decisions on the provision of care by kafala

4 The 1996 Hague Child Protection Convention

4.1 Introduction to the 1996 Hague Child Protection Convention

4.2 Recognition under the 1996 Hague Child Protection Convention

5 Interim conclusion: comparing Belgian and Dutch private international law rules

5.1 Foreign marriage certificates

5.2 Legal parenthood established abroad

5.3 Foreign kafala agreements

2 Human rights framework

2 Council of Europe: European Convention on Human Rights

2.1 Competence of the Council of Europe and the ECtHR

2.2 Methodology

2.3 Territorial scope of the ECHR

2.4 Articles 6 and 8 ECHR: the right to a fair trial and the right to respect for private and family life

2.5 Article 6 ECHR: the right to a fair trial

2.6 Article 8 ECHR: the right to respect for private and family life

2.7 Interim conclusion.

3 European Union: Charter of Fundamental Rights of the European Union and the Treaty on the Functioning of the European Union

3.1 Competence of the EU and the CJEU

3.2 Methodology

3.3 The principle of non-discrimination based on nationality

3.4 The right of free movement

3.5 Case study: family reunification

3.6 Right to respect for private and family life

3.7 Best interests of the child

3.8 Interim conclusion

3 Private international law at the level of Belgian and Dutch administrative authorities

2 Methodology

2.1 Research question and design of the online survey

2.2 Distribution of the survey

2.3 Number of participants

2.4 Composition of the participants

3 From the law in the books to how the law is applied by public servants

3.1 How often are public servants confronted with foreign documents?

3.2 Distinction between judgments and authentic instruments?

3.3 Country of origin

3.4 Procedure when dealing with foreign documents

3.5 Grounds for refusal

3.6 Legitimate expectations

3.7 Case law of the ECtHR

3.8 General remarks

4 Interim conclusion

4 Private international law in Belgian and Dutch civil courts

2.1 General

2.2 Collection of case law in Belgium

2.3 Collection of case law in the Netherlands

2.4 Overview of the collected case law

2.5 Coding of case law

2.6 Limits

3 From law in the books to law in court practice

3.1 Marriage

3.2 Filiation

3.3 Kafala

5 Conclusion and a look at the future

1 Conclusion

2 A look at the future

2.1 Human rights to the rescue? Maybe in theory, not so much in practice

2.2 Need for more transparency at the level of the judiciary

2.3 Public servants in need of better training and support.

2.4 Need to rethink the distinction in Belgium between foreign judgments and authentic instruments and the abolition of the conflict of laws-test: the Netherlands as an example

2.5 Marriages of convenience

2.6 Prevalence and legal status of kafala in Belgium and the Netherlands

2.7 Toward a family law status for surrogacy in Belgium and the Netherlands

2.8 National authorities bear a responsibility when granting a personal status that runs the risk of not being recognised

Bibliography

1 Legislation

1.1 International legislation

1.2 Council of Europe legislation

1.3 European Union legislation

1.4 Belgian legislation

1.5 Dutch legislation

2 Case law

2.1 International and European case law

2.2 National case law

3 Literature

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Den Haese, Sarah Crossing Borders: Proving Your Personal Status

ISBN:

9789400112896

9400112890

OCLC:

1390558341