R. Garetto, Opposite-sex registered partnerships and recognition issues
Publication date Dec 7, 2019. Publication description: J. Kramberger Škerl, L. Ruggeri, F.G. Viterbo (eds.), Case Studies and Best Practices Analysis to Enhance EU Family and Succession Law. Working Paper, Quaderni degli Annali della Facoltà giuridica, Camerino, 3, 2019, p. 89-101, ISBN 978-886768-042-9.
Abstract: This paper aims to enhance problems related to the recognition of opposite-sex
partnerships. It is based on the analysis of the case which exposes an English opposite-sex couple, that entered a civil partnership in England, and that lives in Italy. After the death of one of the partners, the survived partner has expectations to receive a survivor’s pension provided by the Italian pension found. In Italy only the survived spouse of an opposite-sex marriage or the survived partner of a same-sex civil union are entitled to the survivor’s pension. The survived opposite-sex partner has no right to claim the pension benefit. The paper will deepen the adverse effects of «limping status» for cross-border opposite-sex registered partnerships and will take into account the related taxonomic issues.
R. Garetto, The impact of multicultural issues on the notion of «family member»
Publication date Dec 2019. Publication descriptionin: Zbornik znanstvenih razprav, 2019, vol. 79, p. 7-22 (ISSN: 1854-3839)
Abstract: Recent family migration flows in the EU are significant and require specific attention. Migration can alter marriage, couple models, forms of cohabitation and can even redefine internal family relational dynamics. A crucial issue is a notion of “family member” itself. This notion needs to be reconsidered to reflect the rich cultural diversity and mobility. So far, the prevailing approach in law has been tendentially restrictive and Eurocentric. Family relationships that are legally recognised in some national legal systems outside the EU are not recognised in the EU (…).
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