Morally Sensitive Issues and Cross-Border Movement in the EU

The cases of reproductive matters and legal recognition of same-sex relationships

By Nelleke Koffeman

Within the EU, there is considerable diversity on morally sensitive issues, such as the legal recognition of same-sex relationships or reproductive matters (abortion, assisted reproduction, surrogacy, etc.). States generally express recognition of such diversity and it is explicitly respected at the European level, even though the (implicit) influence of European law is increasingly visible in these areas. Cross-border movement within the EU adds a new dimension to this complex picture. Member States are increasingly confronted by one another's regimes. For example, same-sex couples who reside in one Member State claim the recognition of their marriage conducted in another State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This PhD thesis explores these cross-border dimensions by identifying a number of pressing questions and providing insight into the interests that are at stake in such situations. The book investigates what (if any) standard-setting is in place in three national jurisdictions (Ireland, Germany, and the Netherlands), as well as in the relevant European jurisdictions (EU law and the European Convention on Human Rights). The analysis provides insight into what considerations and interests have played a role in legislative debates and case law, in what respects the regimes differ, and how European law has influenced national standards. Additionally, the book looks at how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. Thesis. (Series: School of Human Rights Research - Vol. 72) [Subject: EU Law, Human Rights Law, Comparative Law, Socio-Legal Studies]

Publication Date: 11/4/2015
Format: Paper
ISBN: 9781780683492