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Published online by Cambridge University Press: 08 May 2020
INTRODUCTORY REMARKS
Since its establishment in 2001, the Commission on European Family Law (CEFL) has drafted common European Principles which address core issues of family law. In doing so, the CEFL aims to contribute to the harmonization process of private law in Europe. In carrying out comparative research and proposing Principles of European Family Law, the CEFL is independent of any organisation or institution. To date, 26 European jurisdictions are represented by academics, judges and practising lawyers in the work of the CEFL. These experts have been working together pursuant to a self-established method which has proven to be workable. The comparison of solutions which are presented in national reports compiled in response to an extensive list of questions constitutes the fundaments on which the CEFL Principles are built. If a national legislature takes this comparative material into account and – more importantly – finally decides to use the Principles as a source of inspiration when adopting new rules in family law, the ultimate goal of the CEFL has been achieved. It goes without saying that all legislatures are free “to take it or leave it”. Given their lack of any enforceability, the Principles must convince on their own, as they are formulated (imperio rationis instead of ratione imperii). In 2008, the Portuguese legislature for example, in modernizing the law of divorce and parental authority took advantage of the work of the CEFL. As a result, some of the new Portuguese rules are identical to the CEFL Principles. This example is not alone in illustrating that the final results are considered to be in accordance with the scientific standard for reliable and comprehensive comparative research. Moreover, CEFL Principles are not black letter rules, but guidelines to be “filtered” into national – or European – legislation.
After having completed the Principles of European Family Law regarding Divorce and Maintenance between Former Spouses (2004) and the Principles of European Family Law regarding Parental Responsibilities (2007), the CEFL is currently in the process of drafting Principles regarding Property Relations between Spouses. Due to the complexity of this area of law, it is to be expected that the work will be finalized no earlier than 2013.
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