The challenge of Populist Radical Right Parties to Europeanization – the cases of Estonia and Latvia, 2018-2021

2021 ◽  
Vol 19 (3) ◽  
pp. 143-175
Author(s):  
Aleksandra Kuczyńska-Zonik ◽  
Peteris F. Timofejevs
Keyword(s):  
Western Europe ◽  
Family Law ◽  
Same Sex ◽  
Member States ◽  
Legal Recognition ◽  
Political Actors ◽  
East European ◽  
Same Sex Couples ◽  
Eu Member States ◽  
Definition Of

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

Family Law and Policy for LGBTQ Individuals and Families: Adoption, Foster Care, Assisted Reproduction, and Parental Rights

2020 ◽  
Author(s):  
Naomi G. Goldberg ◽  
Amira Hasenbush
Keyword(s):  
Foster Care ◽  
Assisted Reproduction ◽  
Family Law ◽  
Parental Rights ◽  
Court Ruling ◽  
Same Sex ◽  
Supreme Court Ruling ◽  
Legal Recognition ◽  
Same Sex Couples ◽  
Law And Policy

LGBTQ-headed families face a complicated legal landscape when it comes to legal recognition. The 2015 U.S. Supreme Court ruling , permitting same-sex couples nationwide to marry, substantially shifted the legal landscape for lesbian, gay, bisexual, transgender, and queer (LGBTQ) parents. Many families now have access to legal recognition through joint adoption, stepparent adoption, and the long-held legal presumptions of parentage for children born to married parents. Yet access to marriage has not fully created the necessary legal protections for the diverse ways in which LGBTQ-headed families form and live their lives. The patchwork of legal protections across the states means that many LGBTQ-headed families lack needed security, stability, and legal recognition.

scholarly journals Different families, same love: Challenges of the 2008

Temida ◽  
2009 ◽  
Vol 12 (1) ◽  
pp. 47-68
Author(s):  
Zorica Mrsevic
Keyword(s):  
Family Relations ◽  
Sex Partners ◽  
Same Sex ◽  
Member States ◽  
Eu Member States ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Balkan Region ◽  
And Gender ◽  
The Eu

The year 2008 by all means will be remembered by several events, which contributed to significant progress in the domain of legal recognition of various aspects of same sex communities. There were also several initiatives contributing to making the political will necessary for legal changes. The most visible one probably was the May recognition of same sex marriage by the Supreme Court of California, which was valid only 5 months before it was cancelled by the referendum held in November 2008. Since this American state has 38 million inhabitants, more than the whole Balkan region, the event was visible by the whole world. The paper provides further analysis of mostly European events, e.g. decisions of European courts in Strasbourg and Luxembourg, political interventions by the EU Parliament Intercrop, releases of the ILGA-Europe, gay pride marches, other public activities, e.g. exhibition in the EU Parliament regarding the International Day of Human Rights, adoption of various documents relevant for the EU member states and permanent changes in internal legal provisions of the member states. The UN Declaration against discrimination on the ground of sexual orientation and gender identity concluded the year. The paper also comprises analysis of a few typical cases of implementation of family relations among same sex partners.

Children of Same-Sex Couples

2020 ◽  
pp. 230-242
Author(s):  
Debra M. Perez
Keyword(s):  
United States ◽  
Sexual Minority ◽  
The United States ◽  
Family Type ◽  
Blended Families ◽  
Same Sex ◽  
Same Sex Couples ◽  
Shared Experiences ◽  
Definition Of ◽  
Minority People

As the United States becomes more accepting of sexual minority people, more opportunities have become available for same-sex couples to become parents. Blended families with a new stepparent, planned families via insemination, as well as adoption and fostering are changing what defines a family. As the definition of a family changes, so must the ways in which schools interact with each family type. The shared experiences of sexual minority parents and their children are explored, and recommendations for schools are made.

Part III Practical Challenges, 8 European Antitrust Criminalization and the First Challenge of Design: Defining the Criminal Cartel Offence

2014 ◽  
Author(s):  
Whelan Peter
Keyword(s):  
Criminal Offence ◽  
Member States ◽  
Eu Member States ◽  
Definition Of ◽  
The Impact ◽  
The Eu

This chapter analyses the first challenge of design for European antitrust criminalization: defining the criminal cartel offence itself. There are two problematic issues concerning the definition of a criminal cartel offence, both of which must be understood—if not resolved—by legislatures that are serious about the effective enforcement of their criminal cartel laws. First, the impact of Regulation 1/2003 on the design and operation of a national cartel offence needs to be articulated. This is an issue which is unique to the EU Member States. Second, the legislature which is responsible for drafting a given national criminal cartel law is required to make a decision about how to deal with ‘acceptable’ cartel activity. The challenge for the drafters of a criminal cartel offence is how to ensure that 'acceptable' cartel activity is carved out of the criminal offence without making the offence unworkable in practice.

scholarly journals The 1954 Convention Relating to the Status of Stateless Persons: Implementation Within the European UnionMember States and Recommendations for Harmonization

Refuge ◽  
2005 ◽  
pp. 31-58
Author(s):  
Carol Batchelor
Keyword(s):  
European Union ◽  
Union Member ◽  
Practical Implementation ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
Definition Of ◽  
European Union Member States

This article provides an assessment of the implementation of the 1954 Convention relating to the Status of Stateless Persons as of 2003 within the fifteen European Union Member States. The study provides a brief overview of the history, object, and purpose of the 1954 Convention, analyzing the definition of statelessness and methods for practical implementation. Approaches taken by EU Member States to the identification and recognition of stateless persons on their respective territories are assessed, and recommendations aimed at furthering harmonization of approaches as between States are outlined.

scholarly journals Marriage Capacity, Social Values and Law-Making Process

2012 ◽  
Vol 12 (1) ◽  
pp. 103-121 ◽  
Author(s):  
Kristi Joamets
Keyword(s):  
Comparative Analysis ◽  
Cultural Differences ◽  
Social Values ◽  
Family Law ◽  
Member States ◽  
Eu Member States ◽  
Law Making ◽  
The Eu

Abstract This article explores capacity to marry in depth, beyond the literal statements presented by legal acts in Estonia. Th e discussion will be focusing on answering the following questions: What is the nature of marriage capacity and how it has been developed in Estonia? What are the values that the Estonian Family Law Act (2010) protects when regulating marriage capacity? In addition a brief comparative analysis will seek to explain how different regulations of the EU member states on the same matter (marriage capacity) are. Th is can also help discussions on whether is it justified to talk about cultural differences of EU member states in the context of marriage capacity or not.

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