The recognition of child and polygamous marriages in Belgium : alignment between private international law and migration law?
- Author
- Leontine Bruijnen (UGent)
- Organization
- Abstract
- Child and polygamous marriages are two legal institutes with which legal systems in Europe are not always familiar. When a spouse in a child or polygamous marriage migrates from a third State to an EU Member State, the question arises whether and how EU Member States recognise these marriages. This recognition is important for family law purposes, where private international law (PIL) is relevant, on the one hand, and for migration law purposes on the other. PIL that regulates the recognition of foreign family relations is largely determined by the national legislature. By contrast, some harmonisation has taken place in the field of migration law, which is regulated by the national legislatures and the EU legislature. The absence of harmonisation in PIL combined with the existence of some harmonisation in migration law create tensions. This chapter investigates which role PIL plays in the recognition of child and polygamous marriages for family reunification. The legal frameworks regarding child and polygamous marriages in Belgian PIL and the Family Reunification Directive (2003/86/EC) are discussed and compared. The role that public policy plays, specifically in relation to the best interests of the child, is also addressed.
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01J8HFJRPSBVXES8PQG9CNEDYP
- MLA
- Bruijnen, Leontine. “The Recognition of Child and Polygamous Marriages in Belgium : Alignment between Private International Law and Migration Law?” Family Reunification in Europe : Exposing Inequalities, edited by Ellen Desmet et al., Routledge, 2024, pp. 225–40, doi:10.4324/9781003503217-17.
- APA
- Bruijnen, L. (2024). The recognition of child and polygamous marriages in Belgium : alignment between private international law and migration law? In E. Desmet, M. Belloni, J. Verhellen, D. Vanheule, & A. Güdük (Eds.), Family reunification in Europe : exposing inequalities (pp. 225–240). https://doi.org/10.4324/9781003503217-17
- Chicago author-date
- Bruijnen, Leontine. 2024. “The Recognition of Child and Polygamous Marriages in Belgium : Alignment between Private International Law and Migration Law?” In Family Reunification in Europe : Exposing Inequalities, edited by Ellen Desmet, Milena Belloni, Jinske Verhellen, Dirk Vanheule, and Ayse Güdük, 225–40. London: Routledge. https://doi.org/10.4324/9781003503217-17.
- Chicago author-date (all authors)
- Bruijnen, Leontine. 2024. “The Recognition of Child and Polygamous Marriages in Belgium : Alignment between Private International Law and Migration Law?” In Family Reunification in Europe : Exposing Inequalities, ed by. Ellen Desmet, Milena Belloni, Jinske Verhellen, Dirk Vanheule, and Ayse Güdük, 225–240. London: Routledge. doi:10.4324/9781003503217-17.
- Vancouver
- 1.Bruijnen L. The recognition of child and polygamous marriages in Belgium : alignment between private international law and migration law? In: Desmet E, Belloni M, Verhellen J, Vanheule D, Güdük A, editors. Family reunification in Europe : exposing inequalities. London: Routledge; 2024. p. 225–40.
- IEEE
- [1]L. Bruijnen, “The recognition of child and polygamous marriages in Belgium : alignment between private international law and migration law?,” in Family reunification in Europe : exposing inequalities, E. Desmet, M. Belloni, J. Verhellen, D. Vanheule, and A. Güdük, Eds. London: Routledge, 2024, pp. 225–240.
@incollection{01J8HFJRPSBVXES8PQG9CNEDYP,
abstract = {{Child and polygamous marriages are two legal institutes with which legal systems in Europe are not always familiar. When a spouse in a child or polygamous marriage migrates from a third State to an EU Member State, the question arises whether and how EU Member States recognise these marriages. This recognition is important for family law purposes, where private international law (PIL) is relevant, on the one hand, and for migration law purposes on the other. PIL that regulates the recognition of foreign family relations is largely determined by the national legislature. By contrast, some harmonisation has taken place in the field of migration law, which is regulated by the national legislatures and the EU legislature.
The absence of harmonisation in PIL combined with the existence of some harmonisation in migration law create tensions. This chapter investigates which role PIL plays in the recognition of child and polygamous marriages for family reunification. The legal frameworks regarding child and polygamous marriages in Belgian PIL and the Family Reunification Directive (2003/86/EC) are discussed and compared. The role that public policy plays, specifically in relation to the best interests of the child, is also addressed.}},
author = {{Bruijnen, Leontine}},
booktitle = {{Family reunification in Europe : exposing inequalities}},
editor = {{Desmet, Ellen and Belloni, Milena and Verhellen, Jinske and Vanheule, Dirk and Güdük, Ayse}},
isbn = {{9781032614540}},
language = {{eng}},
pages = {{225--240}},
publisher = {{Routledge}},
series = {{Routledge Research in Asylum, Migration and Refugee Law}},
title = {{The recognition of child and polygamous marriages in Belgium : alignment between private international law and migration law?}},
url = {{http://doi.org/10.4324/9781003503217-17}},
year = {{2024}},
}
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