CJEU Case-Law: A Few Observations on Recent CJEU Case Law with Attention for Some Aspects of Logic and Argumentation Theory

Abstract

English Abstract: Anno 2023, one may observe a wide range of instruments that are indicated as instruments of “Judicial cooperation in civil matters” (Chapter 3 of Title V of the Treaty on the Functioning on the European Union), interpreted in a continuous stream of decisions (judgments and orders) by the CJEU. The author focuses on case law of the CJEU regarding international family law, but adopts a broad view, particularly by taking into account dynamics going on in PIL outside the field of international family law, and by paying attention to case law of the CJEU outside the pure interpretation of PIL regulations. Thus, for example, also recent case law outside the field of international family law regarding the notion "cross-border" after the Case Parking and Interplastics is considered in the analysis. And thus, for example, a judgment such as Belgische Staat (Réfugiée mineure mariée), Case C-230/21, regarding a right to family reunification based on Directive 2003/86 is considered in the analysis - the case itself giving rise to the formulation of some observations regarding the interaction between (international) family law and migration law (in the broad sense of the word). While presenting case law of the CJEU in PIL matters, the author particularly aims to explore some aspects of methodology, reasoning, deductions and “consistency”.

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