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Fundamental Rights and Best Interests of the Child in Transnational Families (Hardcover): Elisabetta Bergamini, Chiara Ragni Fundamental Rights and Best Interests of the Child in Transnational Families (Hardcover)
Elisabetta Bergamini, Chiara Ragni
R3,153 Discovery Miles 31 530 Ships in 12 - 17 working days

Families in Europe are increasingly shaped by the mobility of persons and multicultural backgrounds. This book is focusing on the protection of children in cross-border situations. What are the fundamental rights of children in transnational families, what is in their 'best interest', and how can their rights be safeguarded? There is much controversy on these rights and the accompanying uncertainty has resulted in considerable practical difficulties for those trying to implement them. In order to provide a clearer scope and insights into the nature of children's fundamental rights and their best interests, this book examines solutions provided by both EU and international law to the questions raised by the increasing incidence of transnational families as regards the protection of minors. It covers both substantive and conflict-of-laws rules. Differences in the substantive family laws of Member States still prevent an effective protection of the child or its family unit. This includes cases of migration, asylum, forced marriage, kafalah, but also rainbow families. Further, the role of human rights (mutual recognition of status and surrogacy agreements, adoption) and procedural rights (child abduction, Brussels II bis recast) in cross-border cases must be considered carefully. Fundamental Rights and the Best Interest of the Child in Transnational Families is a timely work on the implementation of the child's interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.

The Legal Profession in the European Union (Paperback): Bruno Nascimbene, Elisabetta Bergamini The Legal Profession in the European Union (Paperback)
Bruno Nascimbene, Elisabetta Bergamini
R3,891 Discovery Miles 38 910 Ships in 10 - 15 working days

The demand for new and increased legal services brought about by the process of European integration, closer relations among Member States, and changes in the way services are delivered under the influence of new technologies have called for adjustments in legislation and regulations and given rise to a significant alteration in the role of lawyers and the legal profession in general. Lingering 'old' rules - which tend to safeguard the interests of the profession rather than those of individuals, whether users or consumers - are clearly on the reform docket. This book shows how the necessary openness of the legal profession at the European level may be achieved. With a depth and synthesis not attempted by previous scholars, the author examines in turn the relevant EU legislation and case law and the laws of each of the 27 Member States affecting the practice of law. Exposing the problems that arise in a European and comparative context, he examines such contentious issues as the following: - certification and recognition systems; - competition rules; - consumer protection; - cross-border trade in services; - 'crystallization' of sectoral interests; - inadequate intervention by public authorities; - fee scales and remuneration; - formation of professional companies; - quality of service; - advertising; - professional conduct; and - professional liability and insurance. Focusing on the differences in and the common aspects of the profession as regulated in all the jurisdictions encompassed by the EU, this inquiry and research offers well-thought-out solutions consonant with current trends and puts forward proposals consistent with Community law obligations. The book makes a major contribution to the definition of the as-yet unachieved figure of the 'European lawyer,' and will be of great interest to students and teachers of European law and European integration, as well as to lawyers engaged in cross-border practice in Europe.

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