RELIGARE contributes to enhance interdisciplinary cooperation in the area of religious pluralism in Europe and to examine new normative frameworks on the field of religion and secularism with a view to making policy recommendations for improvement.
This contribution focuses on challenges faced by European judges when examining family disputes in a multicultural context. Why are judges, generally, so uneasy when facing religiously or culturally motivated claims? Under what conditions can religious law be applied in cross-border family cases? What are the limits of Private International Law in this respect? Case law from primarily the Nordic jurisdictions is examined in order to illustrate the points made. Ultimately, the parties’ ability to formulate their claims in a legal language is essential for the outcome of a dispute. Where permitted by the rules of procedure of the competent court, the judge should strive to stimulate an active dialogue with the parties for the purpose of acquiring a better understanding of the issues at stake.
The views expressed during the execution of the RELIGARE project, in whatever form and or by whatever medium, are the sole responsibility of the authors. The European Union is not liable for any use that may be made of the information contained therein.