European Family Law Volume III

European Family Law Volume III

Family Law in a European Perspective

Edited by Jens M. Scherpe

This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of ‘family’ and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at ‘horizontal’ family law (the law concerning the relationships between adults), ‘vertical’ family law (the law concerning the relationships of adults and children) as well an ‘individual’ family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which works as a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where ‘institutional’ European family law exists – in the sense that there are binding legal rules for all European jurisdictions – for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for ‘horizontal’, ‘vertical’ and ‘individual’ family law, an ‘organic’ European family law is emerging and suggests how family laws in Europe are going to develop in the future.

Chapter 10: Family law and older people in a European perspective

Jonathan Herring

Subjects: law - academic, european law, family law

Extract

The European Union is getting older, not only as an institution but as a people. This raises issues of fundamental importance. While the ageing of Europe is sometimes presented as a crisis, in fact, it is great news that we can enjoy life longer. Longer life expectancy produces challenges, but also exciting opportunities. These have been recognised by the European Union, which has presented a series of declarations and policy initiatives to deal with the ageing population and to encourage active and healthy ageing. Indeed, ‘healthy ageing’ has been listed as one of priority themes for Europe 2020. There are certainly some grand-sounding statements to be found within the European documentation about the rights of older people.

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