European countries will sooner or later inevitably be confronted—again—with important legal issues that transcend the current short-term crisis management (reception of refugees, ‘bed-bath-bread’ and other logistical issues). This article will take a closer look at one of the long-term legal concerns, namely the cross-border portability of refugees’ personal status (age, parental status, marital status, etc.). It will discuss legal problems encountered by asylum seekers/refugees with regard to their personal status acquired in one country and transferred to another country (such as the absence of documentary evidence, the issue of limping legal relationships). At present, insufficient research data exists on the interaction between international refugee law (relating to the rights and obligations of states regarding the protection of refugees) and private international law (dealing with private relationships in a cross-border context). These interactions are not new, but the current refugee flows into Europe prove in a striking way how ineffective the interplay between the two sets of rules is. The article will discuss the private international law concept of personal status in international refugee law and the international refugee protection in private international law instruments.

This paper deals with the achilles heel of private international law: how to access, understand and apply foreign law. As globalisation advances, so does the necessity to apply and interpret foreign law, but today even accessing it is still a challenge. This article examines the situation through an empirical study on the application of foreign parentage law by Belgian courts and non-judicial authorities. It also focuses on the use of two existing tools to ascertain foreign law, that is, the European Judicial Network website and the London Convention. The empirical data reveal that judges and non-judicial authorities have no objections in principle to applying foreign law. However, they lack structural support to properly carry out this task. Hence, Belgian courts use escape mechanisms to avoid having to apply foreign law. The article argues that the access to up-to-date and good-quality information on foreign law should remain a key concern of private international law.

Many legal systems not only know the concept of marriage but also the one of non-marital registered unions, even though the requirements concerning who can conclude the one or the other union differ, especially regarding the sex of the partners. At the conflict of laws level, most countries show the same approach, i.e. providing two different rules for the validity of each institution. Using the examples of Belgian and the German law, both having very different substantive rules but very similar private international law rules, we show that this distinction itself leads to problems for international couples – even within the European Union – and contradicts the general approach which private international law has regarding the characterization of unknown foreign concepts. Inspired by the 1978 Hague Marriage Convention and several national approaches, we propose one broad conflict of laws rule for marital and non-marital unions, leaving substantive values to the public policy exception.

This book provides a multi-disciplinary investigation of family reunification laws, policies and practices across the European Union. Family reunification – the possibility for family members to (re)unite in a country where one of them is residing – has been high on the political agenda. Building on original empirical research with families and practitioners as well as in-depth doctrinal analyses, the book explores the fragmentation of legal rules, the gaps between formal regulations and practices, and their consequences for families across borders. Different contributions in the volume point to the growing inequalities among and within applicant families, based on residence status, gender, location, citizenship and socio-economic resources, due to the family reunification regimes currently in place.The book enhances interdisciplinary dialogue by providing clear insights into the specific contribution of migration law, private international law and social scientific analyses to the study of family reunification. The book is aimed at researchers working on the topic of family reunification, as well as students of law and socio-legal studies and practitioners in the field of migration. <!----> <!----> <!----> <!---->

The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; the best interests of the child; the right to life, survival, and development; the right of the child to express their views on all matters affecting them; and the right to an effective remedy. The Study Group identified some of the most common rights violations for children in migration such as arbitrary age assessment practices; inadequate and age-inappropriate reception policies and facilities; and immigration detention of children and other coercive practices. The Study Group undertook a multidisciplinary approach by summarizing the research documenting the harmful effects of these practices on child health and well-being. It surveyed (1) treaties and international instruments that might recognize a right or remedy for children on the move; (2) regional and international fora where the claims of children could be heard; and (3) the growing body of regional and international jurisprudence upholding the rights of children in migration. Finally, it identified gaps in the international and regional frameworks and formulated recommendations as to how to ensure children in migration are able to enforce their rights and access justice.

Family reunification is a complex legal and social topic and, as such, it requires to be addressed from multiple disciplinary perspectives. Building on insights mainly from migration law, private international law and social sciences, this book advances the debate on how current family migration regimes in Europe shape and reinforce inequalities within and across families based on their residence status, nationality, location, socio-economic resources, age, gender and type of family relationship. This introduction argues for the significance of systematically studying how the interaction of different sets of legal rules, social practices and norms produces, reproduces or alleviates inequalities. In particular, three sources of inequalities among and within families are identified: those concerning access to family reunification rights; those related to proving one’s personal status and family ties; and those emerging from the implementation of laws and policies on the ground. After a reflection on the meaning and the matrix of inequalities for legal and social studies, the introduction presents the cross-cutting themes (i.e. the role of documents in family reunification, the specific difficulties faced by refugees and beneficiaries of subsidiary protection, and the impact of family reunification procedures on children), structure and content of the book. Finally, this chapter argues for a combination of doctrinal and empirical approaches, as well as for a more sustained dialogue between disciplines to study family reunification and its many aspects. A threefold strategy for future research is suggested: following the laws, following the documents, and following the people. <!----> <!----> <!----> <!---->