CJEU Case Law. A Few Observations on Recent CJEU Case Law

Abstract

The paper is a short introduction to the presentation given by the author on 29 April 2023 at the Dialog Internationales Familienrecht 2023.

In this presentation, the author focused on case law of the CJEU regarding international family law, but adopted a broad view, particularly by taking into account dynamics going on in PIL also outside the field of international family law and by paying attention to case law of the CJEU also outside the pure interpretation of Private International Law regulations. Thus, for example, also recent case law of the CJEU regarding the notion “cross-border” following the case Parking and Interplastics was highlighted. And thus, for example, also a judgment such as Belgische Staat (Réfugiée mineure mariée), Case C-230/21, concerning a right to family reunification based on Directive 2003/86 was considered in the analysis – the case itself giving rise to the formulation of some observations on the interaction between (international) family law and migration law (in the broad sense of the term).

While presenting case law of the CJEU in PIL matters, the presentation aimed to explore some aspects of methodology, reasoning, deductions and “consistency”. Thus, some aspects of interpretation of European law by the CJEU - regarding methods the CJEU is using to interpret European law -, and of interpretation of European law through the analysis of judgments of the CJEU - whereby a case of the CJEU subsequently raises questions regarding its content and reasoning -, as well as further deductions made from the case law of the CJEU were discussed. The presentation did not pretend to be exhaustive in this regard, but rather explored and presented some of these aspects, looking at recent cases of the CJEU.

(Working paper of paper to be published in Dialog Internationales Familienrecht)