TITLE:
Cultural Diversity, European Public Policy Exception and Family Law of Muslim Countries
AUTHORS:
Gloria Esteban de la Rosa
KEYWORDS:
Cultural Diversity, Muslim Law, Moroccan Family Law, Public Policy Exception, Divorce (Talaq, Tatliq), Dowry, European Private International Law, Recognition Method, Case Law, Member States, European Union
JOURNAL NAME:
Beijing Law Review,
Vol.6 No.2,
June
11,
2015
ABSTRACT: The recognition of cultural diversity as a value of the European Union Law is undoubtedly present in the current process of integration, which, in turn, is related to the maintenance of peace. Without prejudice to the treatment given by national regulations (Private International Law systems) of each Member State to the issue of cultural diversity existing in the current European society, it may be mentioned the positioning that has also been taken by the EU legislature of PIL on the treatment of said diversity. Tools used by the Private International Law system both for European Union Member States and for the European Private International Law system itself to give answers to this multiculturalism located in the territory that comprises the European Union Member States are discussed below. In particular, art. 10 of the Council Regulation (EU) no. 1259/2010, of 20 December 2010, implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. This exception (public policy) will be practically operational in general when it comes to the implementation of the national system of an Islamic countries, because it may be considered that there is a difference between men and women in everything related to family relationships. The aim of this paper is to analyze the possibility of the “recognition method” as a clause for the interpretation of Private International Law to permit the application of foreign Muslim Law by European authorities in family cases and to avoid limping relationships.