Citizens’ Family Life in EU Regulations, with Particular Respect to Property Regimes

European Union law in relation to family life is increasing and developing while continuing to have regard to Member State legislation, social values and traditions. The European perspective is apparent in two proposals for regulations concerning property regimes, two separate acts aimed at considering new forms of union, such as registered partnerships. The Commission has recognised the difficulties encountered by international couples in terms of the management of patrimonial effects and has pursued the objective of ensuring legal certainty. The present paper aims to offer a general analysis of interpretations of the concept of family in Europe, with particular reference to the Italian and English systems. The opinions by the two governments will be examined in order to put in evidence the main questions arising: the recognition and the continuity of civil status. Indeed, the concept of registered partnership is still a debated issue in Italian society, where not all forms of union are accepted, differently from the United Kingdom, which allows same-sex marriages and where civil partnerships are recognised. The need for uniformity in this field, in law and practice, is also remarked in the CEFL Principles regarding property relations between spouses, as well as in other, non-binding, instruments. Finally, despite the questions surrounding the concept of family, certain benefits are likely to accrue to European citizens as a result of the proposals in terms of the predictability of the applicable law and the recognition and enforcement of decisions on property regimes.