Comparative study on enforcement procedures of family rights

Dec 15, 2005 - Dec 15, 2006

Project description

Legislation and practical approaches as to the enforcement of access/contact rights and the return of the child differ between the Member States. The growing mobility of persons also appears to create situations to which national laws and practices provide ill-fitted solutions. The national reports contain a description and analysis to cover the relevant aspects of enforcement of access or contact orders, from a national and an international perspective. The national reports will be made on the basis of a questionnaire by local experts or by appropriate staff of the institute. An empirical analysis will cover the collection of statistical data and the conduction of a survey by telephone. The synthesis report will consist of several parts. Firstly, the synthesis report will contain a legal comparative analysis of the internal rules of the Member States, containing tables and setting out their laws and practices (by Member State and subject). The legal comparative analysis will further set out an analysis of points of convergence and divergence between the legal systems. The empirical analysis will compare the results of the collection of statistical data and will set out the problems and trends that can be deduced. The empirical analysis will describe the results of interviews (supported by tables setting out key issues treated during the interviews) and the problems and trends that can be deduced. On the basis of the legal comparative analysis and the empirical analysis the final outcomes of the study will be set out, integrating the results from the two analyses. Recommendations will be made with respect to further Community action

Topic

1.A description and analysis of the internal rules of all the 25 Member States.
2.An empirical analysis of the current situation in each of the member states.
3.Make a synthesis report, summarizing the results of the legal and empirical study.
Recommendations with respect to further Community action