Legal pluralism in Europe and the ordre public exception: normative and judicial perspectives
Venue: Room 20 (2nd Floor), Department of Sociology and Social Research, via Verdi 26 - Trento
The International Workshop draws its inspiration from the circumstance of several countries in Europe experiencing a growing number of cases in which individuals (mainly immigrants) claim to have a series of family and personal matters regulated by the law of their country of origin, under international private law.
In so far as this foreign law corresponds to – or is largely influenced by – Islamic law (or other religious law), domestic legal systems in Europe face the problem of reviewing the compatibility of such religiously inspired foreign law with domestic (and European) fundamental rights standards, mainly by applying the public policy (ordre public) exception which prevents the administrative application or the judicial enforcement of foreign law or foreign judicial or administrative decisions that are qualified as incompatible.
The International Workshop aims at considering the current attitude shown by the judiciary in legal systems strongly influenced by Islamic law as well as in some European states, while ultimately focusing on whether a shared European ordre public exception in the field of family law is emerging in case law.
Thursday, April 16th 2015
Chair: Cinzia Piciocchi, University of Trento
Friday, April 17th 2015
Legal Pluralism and Islamic Law
Chair: Davide Strazzari (University of Trento)
Judicial Enforcement of Islamic Law in European Countries: Towards an Emerging European Notion of Ordre Public Exception?
Chair: Roberto Toniatti
«Jurisdiction and Pluralisms» (JPs) is a research project which aims at exploring the impact of the plurality of pluralisms on basic uniform features of the judicial organization and function. Legal pluralism in Europe and elsewhere is a specific area of interest of JPs and it provides the framework for the organization of this International Workshop.
- Prof. Roberto Toniatti, University of Trento, Faculty of Law
- Dr. Davide Strazzari, University of Trento, Department of Sociology and Social Research
Participation is free of charge, but advance registration is appreciated (see the Registration form in the box download).