New Book: Towards Universal Parenthood in Europe
Laura Carpaneto (University of Genoa), Francesca Maoli (San Raffaele Telematic University of Rome) and Ilaria Queirolo (University of Genoa) edited Towards Universal Parenthood in Europe with Editoriale Scientifica.
The book presents the outcome of UniPAR – Towards Universal Parenthood in Europe, a project co-funded by the EU and addresses a broad range of issues relating to parenthood in a cross-border context, combining conceptual analysis and practice-oriented perspectives. It includes national reports from Spain, Belgium, Italy, Bulgaria, Croatia and Poland.
The final Conclusions and Recommendations (also available here) systematise the main points emerging from the research and identify areas where further reflection or possible legislative intervention may be considered, taking into account difficulties encountered in current practice across the Member States. They are structured into six sections, addressing in turn questions of jurisdiction, applicable law, adoption, recognition of decisions and birth certificates, judicial cooperation and, finally, the potential added value of common rules in this field.
The chapters were authored by Beatriz Añoveros Terradas (University of Barcelona), Leontine Bruijnen (University of Antwerp), Laura Carpaneto (University of Genoa), Ottavia Cazzola Carmona (University of Barcelona), Tsvetelina Dimitrova (Sofia University “St. Kliment Ohridski”), Martina Drventić Barišin (Josip Juraj Strossmayer University of Osijek), Cristina González Beilfuss (University of Barcelona), Ewa Kamarad (Jagiellonian University), Thalia Kruger (University of Antwerp), Francesca Maoli (San Raffaele Telematic University of Rome), Boriana Musseva (Sofia University “St. Kliment Ohridski”), Monica Navarro Michel (University of Barcelona), Francesco Pesce (University of Genoa), Ilaria Queirolo (University of Genoa), Tine Van Hof (University of Antwerp), Anna Wysocka-Bar (Jagiellonian University) and Mirela Župan (Josip Juraj Strossmayer University of Osijek).
The book can be freely accessed here.
Interestingly, there is little focus on ideas reflecting the interests of the child.
Thank you very much for this comment.
It points to a broader conceptual issue in current debates on cross-border parenthood, namely the tension between the best interests of the child as a foundational principle in international and EU law and its concrete role within private international law. In particular, private international law has traditionally sought to accommodate the child’s interests (in)directly, through rules designed to ensure proximity, coherence and legal certainty in cross-border situations, notably in the areas of jurisdiction, applicable law and recognition. At the same time, recent legislative initiatives – including the EU Proposal for a Council Regulation on parenthood, which expressly refers to the “best interests of the child as a primary consideration” in line with the relevant international ad EU law framework – may be seen as adding further layers to the discussion on the principle’s substantive dimension within the private international law context, particularly concerning the interplay between procedural mechanisms and the substantive protection of the child’s rights.
It would be interesting to hear views on how this tension should be approached and addressed in the context of ongoing and future legislative developments in this field.