In the last few years, the Central European Academy, and former, the Ferenc Mádl Institute of Comparative Law coordinate the Central European Academy – Professors’ Network. Within the framework, there were three „family law research groups” in the past 3 years.
The first research group was launched in 2021 under the title „Protection of families in the legal system” and aimed to present the legal protection of the family and disseminate research findings on the topic, by presenting the legislation of seven Central European countries (Hungary, Croatia, Poland, Serbia, Slovenia, Slovakia, Czech Republic). The research team was led by Prof. Dr. Barnabás Lenkovics and Prof. Dr. Tímea Barzó. As a result of the national and international success, the research group was enlarged with new members and a new topic in the following year and continued its activities under the working title „Parental responsibility”, led by Prof. Dr. Paweł Sobczyk, Deputy Director of the Polish Institute of Justice.
In addition to four international conferences, several dissemination events and scientific articles, two final English-language professional volumes were published.
The ‘Family Protection from a Legal Perspective – Analysis on Certain Central European Countries’ was published by CEA Publishing at the end of 2021 and is available in print and electronically. [1]
The volume opens with a holistic study of family protection entitled ‘The Protection of the Family’ by Barnabás Lenkovics. In the opening lines, he stresses that the protection of the family is one of the most ancient natural and moral laws, in fact an extension of legitimate self-defence to offspring and to human communities as a whole.[2] The author deeply analyses the roots of the crisis of marriage and the family, before turning to the crisis trends of the 20th century. Among the crisis phenomena of marriage and the family, he identifies selfishness and the crisis of values and concepts. He concludes by pointing out that the natural and moral laws and the human rights and constitutional foundations shall be the roots as an adequate protection for families, but the implementation of those rules is up to society.[3]
Aleksandra Korać Graovac presents the Croatian legislation ‘Family Protection in Croatia’. She approaches the subject from the perspective that the family is not only a social phenomenon but also a legal one. She emphasizes that the concept of family has changed as a result of social changes.[4] She gradually introduces the reader to the theory and the detailed regulation of the Croatian family law, especially on the forms of the legally recognised and regulated couple relationships and the provisions on establishing the origin of the child. In the concluding remarks, she explains that Croatian society is still relatively traditional in outlook, but in the recent years family law reform has been introduced in Croatia which has put an equivalence mark between marriage and non-marital cohabitation in terms of legal effects.[5]
In the Czech country report, Zdeňka Králíčková points out that the political, social and economic changes in Czechia have completely changed the face of families. She stresses that the divorce rate is still very high, with the result of a high number of patchwork families and children born out of wedlock.[6] The main legal source of family law is the Civil Code, which explicitly protects the family created by marriage.[7] The report analyses the legal background of same-sex partnerships, which are regulated by a separate Act (Act No. 115/2006 Coll), and de facto partnerships.[8] It stresses that the Czech Civil Code was preceded by a long codification process, which has brought to the fore a fundamentally conservative approach to family law. However, she points out that family law must protect all forms of family, as there are no strict patterns of family life.[9]
The next chapter contains the Hungarian country report, which covers public and private aspects of family protection.[10]
The aim of the Polish chapter[11] is to provide an overview of the most significant problems related to the legal protection of the family, taking into account the impact of new social and political phenomena that the legislator is confronted. Marek Andrzejewski stresses that marriage, family and the perception of their role in society, have recently become a major topic of civilizational debate[12] which divides public opinion. In presenting Polish legislation, the chapter analyses not only the private but also the public law elements and the most relevant decisions of the Polish Constitutional Court on family law issues.[13]
In the chapter ‘Marriage and Family in Serbian Law: A Contemporary Perspective’, Gordana Kovaček Stanić analyses marriage and family in Serbian law.[14] In the study, the author points out that jurisprudence and legal regulation have shaped the family from the very beginning, determining who is a family member, what are the mutual rights and obligations, and how family relationships are formed and dissolved. It stresses that a modern understanding of the notion of family requires the respect for self-determination and autonomy. A specific feature of Serbian culture is the relatively low number of matrimonial property contracts, however it would help to avoid property disputes later on.[15]
Lilla Garayová describes the foundations of family and marriage law in Slovakia[16] and stresses the importance of the case law of the Court of Justice of the European Union and the European Court of Human Rights. International rules and case law have also had a significant impact on the development of family law in Slovakia. In conclusion, the academic discussion of controversial topics and issues is essential for the development of jurisprudence and the development of applicable legislation.[17]
Suzana Kraljić takes an approach to marriage and the family as universal human rights values and explains the foundations of Slovenian family law.[18] In addition to marriage, Slovenian law recognises same-sex relationships and civil partnerships.[19] It stresses that Slovenia takes a fundamentally liberal approach to forms of cohabitation and their legal regulation. One of the main manifestations of this is that civil partnerships have the same rights and obligations as marriage.[20]
The last chapter of the volume is a study by Tímea Barzó, which synthesises and compares the family law legislation of the countries participating in the research on the basis of the country reports. The paper first deals with the structure of the regulations, in particular the constitutional foundations, and compares the regulatory systems of the countries according to whether family law is considered as a separate field of law or as part of civil law. It then deals with the conceptual approach to the family, the specificities of forms of cohabitation and the status of children born out of wedlock.[21]
The second volume was published in 2022, under the title ‘Content of the right to parental responsibility. Experiences – Analyses – Postulates’.[22]
In the introduction to the volume, the editor Paweł Sobczyk reports on the results of the project and the aim of the volume, as well as the structure of the chapters. [23]
Aleksandra Korać Graovac[24] is approaching the topic from a legal-historical perspective and then describe the Croatian legislation according to the given criteria. She points out that Croatian society, which is characterised both by Mediterranean and southern influences and a strong traditional mentality considers children to be of exceptional value. In Croatian family law, the relationship between parent and child is based on the paradigm of the protection of children’s rights. The best interests of the child are a primary consideration in legislation, but the social protection of children is not yet perfect, a shortcoming that is due to the weakness of the social and judicial systems.[25]
Zdeňka Králíčková[26] notes that parental custody is a key concept in Czech family law, recognised by the legislator in 1998. She stresses that the state, the legislature and the courts basically grant freedom in family matters but may also intervene in the family atmosphere in special cases, in particular to protect the child, primarily by means of public law rules, which must be in line with the best interests of the child.[27]
In describing the Hungarian legislation, Tímea Barzó[28] points out that the content of parental responsibility in the traditional sense has not changed significantly in recent decades, while issues and disputes related to the exercise of parental responsibility have multiplied. This trend has also led to major changes and new approaches at international level.[29] She points out that the Hungarian legal system regulates the parent-child relationship at several levels: in the Fundamental Law, the Family Protection Act, the Child Protection Act and, of course, the Family Law Book of the Civil Code. The issue of the exercise and settlement of parental rights is a key issue in everyday life and in litigation. However, it stresses that the legislator should regulate the protection of the child’s best interests at a higher level, even raising it to the level of the general principles of the Civil Code.[30]
Marek Andrzejewski[31] gives the historical background of the current modern parent-child relationship. He points out that in Poland there is an ongoing debate on the use of the terms ‘parental authority’ and ‘parental responsibility’ in legal acts. He stresses that this is not just a question of terminology, but also reflects the parent-child relationship.[32] In the present study, as in the first book, he also testifies to a holistic approach to the issue.
In the introduction to the Serbian chapter[33], Gordana Kovaček Stanić explains the theoretical and historical approaches of patria potestas. She stresses that one of the most important issues is the exercise of parental responsibility after divorce (or in the case of separated parents), especially in the case of joint exercise of parental responsibility. The practical problems of shared custody are also highlighted in the paper.[34]
Suzana Kraljić underlines[35] that the relationship between parents and children is the cornerstone of family law, which has undergone an extraordinary dynamism in the last hundred years. She discusses in detail the Slovenian legislation and concludes that the Slovenian Family Law Act has undergone a significant terminological change, as it now refers to ‘parental care’ instead of ‘parental right’. [36]
The last of the country reports is the chapter by Lilla Garayová.[37] A significant feature of the study is the author’s examination of the future of parental custody in the Slovak legal system. She describes that there are many gaps in this area, but as Slovak family law is currently at a crossroads, this is still a work in progress. She stresses that the forthcoming recodification of the Civil Code is expected and that family law should be included in the new Civil Code. She highlights one of the main criticisms of Slovak family law, namely that it does not keep pace with social change.[38]
The final paper in the volume is a summary chapter by Paweł Sobczyk,[39] in which he draws comprehensive and synthesising conclusions on the main national specificities of the country reports.
In addition to the publication of the above-mentioned volumes, members of the Research Groups held various dissemination events and published articles in both years. These dissemination events included media interviews, international PhD conferences, university courses and workshops. Most of the articles resulting from the projects were published in the journals Law, Identity and Values[40] and Central European Journal of Comparative Law.[41]
In addition to the tangible, printed scientific results, the joint work of the Research Groups has also resulted in a collegial friendship between the members of the Research Groups that has fostered effective collaboration. In this way, its members have been able to benefit from what is perhaps their greatest asset: good human relations and mutual support – something that scientific life cannot do without.
[1] http://real.mtak.hu/134525/1/FamilyProtectionFromaLegalPerspective.pdf (last visited 09/02/2024)
[2] Barnabás Lenkovics: The Protection of the Family. In Tímea Barzó -Barnabás Lenkovics (ed.): Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, p. 10.
[3] ibid. p. 35.
[4] Korać Graovac, Aleksandra: Family Protection in Croatia. In: Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 37-38.
[5] ibid. 72-73.
[6] Králíčková, Zdeňka: On the Family and Family Law in the Czech Republic: Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, p. 77.
[7] ibid. p. 82.
[8] ibid. pp. 92-93.
[9] ibid. p. 106.
[10] Edit Sápi: Family Protection Under Public and Private Law in Hungary. In Tímea Barzó -Barnabás Lenkovics (eds.): Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 111-147.
[11] Andrzejewski, Marek: Legal Protection of the Family: Essential Polish Provisions Regarding International Legal Standards and Social Change: Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 111-147.
[12] ibid. pp. 152-153.
[13] ibid. pp. 175-176.
[14] Kovaček Stanić, Gordana: Marriage and Family in Serbian Law: A Contemporary Perspective: Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 191-220.
[15] ibid. p. 218.
[16] Garayová, Lilla: The Protection of Families in the Slovak Legal System. In Tímea Barzó -Barnabás Lenkovics (eds.): Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 221-254.
[17] ibid. pp. 252-253.
[18] Kraljić, Suzana: Family Protection in Slovenia. in Tímea Barzó -Barnabás Lenkovics (eds.): Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 255-286.
[19] ibid. p. 270.
[20] Uradni list Kraljevine Jugoslavije, št. 117/1922.
[21] Barzó Tímea: Family Protection in Central European Countries. in Tímea Barzó -Barnabás Lenkovics (eds.): Family Protection From a Legal Perspective – Analysis on Certain Central European Countries, CEA Publishing, Budapest-Miskolc, 2021, pp. 287-322
[22]http://real.mtak.hu/157090/1/CEA-ProfNet%2008%20Sobczyk%20-%20Parental%20Responsability%2004%20e-konyv.pdf (utolsó megtekintés: 2024.02.09.)
[23] Sobczyk, Paweł: Introduction. in Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility. Experiences – Analyses – Postulates, Miskolc-Budapest, CEA Publishing, 2022, pp. 11-12.
[24] Korać Graovac, Aleksandra: Croatia: The Content of the Right to Parental Care, in Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility: Experiences – Analyses – Postulates, Miskolc-Budapest, CEA Publishing, 2022, pp. 37-72.
[25] ibid. pp. 68-70.
[26] Králíčková, Zdeňka: Czech Republic: The Content of the Right to Parental Responsibility In Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility. Experiences – Analyses – Postulates, Miskolc-Budapest, CEA Publishing, 2022, pp. 73-104.
[27] ibid. pp. 101-102.
[28] Barzó, Tímea Barzó: Hungary: The Content of the Right to Parental Responsibility, in Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility: Experiences – Analyses – Postulates, Miskolc-Budapest, Central European Academic Publishing, 2022, pp. 105-146.
[29] ibid. p. 105.
[30] ibid. pp. 143-144.
[31] Andrzejewski, Marek: Poland: Parental Authority, in Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility: Experiences – Analyses – Postulates, Miskolc-Budapest, Central European Academic Publishing, 2022, pp. 147-185.
[32] ibid. pp. 154-157.
[33] Kovaček Stanić, Gordana: Serbia: Parent-Child Relationships in Serbian Family Law. In Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility. Experiences – Analyses – Postulates, Miskolc-Budapest, Central European Academic Publishing, 2022, 187-216.
[34] ibid. p. 188.
[35] Kraljić, Suzana: Slovenia: Parental Care in the Context of the Modern Family. In Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility.
[36] ibid. p. 249.
[37] Garayová, Lilla: Slovakia: Content of the Right to Parental Responsibility – Family Law at a Crossroads. In Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility.
[38] ibid. pp. 286-287.
[39] Sobczyk, Paweł: Conclusions. In Paweł Sobczyk (ed.) Content of the Right to Parental Responsibility. Experiences – Analyses – Postulates, Miskolc-Budapest, Central European Academic Publishing, 2022, pp. 293-339.
[40] Law, Identity and Values. HU ISSN 2786-2542 (print), HU ISSN 2786-3840 (online), DOI prefix: 10.55073 https://ojs.uni-miskolc.hu/index.php/live/index
[41] Central European Journal of Comparative Law, HU ISSN 2732-0707 (Print), HU ISSN 2732-1460 (Online), DOI prefix: 10.47078 https://ojs3.mtak.hu/index.php/cejcl/index
