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EuroMed Justice II

EuroMed Justice II. Project Funded by the European Union. OPENING CONFERENCE Brussels, 30 June 2008 Working Group II Resolution of cross-border family conflicts M r . Khaled ABOUALI. 1. SESSION 1. Project Funded by the European Union.

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EuroMed Justice II

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  1. EuroMed Justice II Project Funded by the European Union OPENING CONFERENCE Brussels, 30 June 2008 Working Group II Resolution of cross-border family conflicts Mr. Khaled ABOUALI 1

  2. SESSION 1 Project Funded by the European Union Aspect of private international Law in connection with mixed marriages, and more specifically: specific problems related to the recognition abroad of decisions in cross-border family disputes, including decisions by “Customary Law Courts” or taken on the basis of religious texts

  3. SESSION 1 Project Funded by the European Union • The Hague Convention and European Union framework: current situation. The Malta Judicial Conferences on the cross-border family conflicts • A comparative view between the European and MEDA countries law • Discussion triggers: • The Hague Convention and EU framework related to MEDA countries • The current situation in the MEDA countries • How to advance legislative reform on this topic • Practical and specific problems related to the recognition abroad of a judicial decision on this topic

  4. SESSION 2 Project Funded by the European Union Alternative dispute settlement on cross-border family conflicts. International comparative analysis on this topic related to the quality of mediation schemes

  5. SESSION 2 Project Funded by the European Union • International legal framework on mediation on family matters. Practical instruments on mediation related the cross-border family conflicts • Comparative analyses on mediation systems between EU and MEDA countries • Discussion triggers: • Culture of mediation • Institution for mediation • Religion and mediation. • Legal framework for mediation in the MEDA countries

  6. SESSION 3 Project Funded by the European Union Establishing the criterion governing jurisdiction in matters of mixed marriage child protection according tothe international legal framework: Practical ways of ensuring children’s right to maintain personal relations with both their parents, in particular visiting rights of parents who do not have custody

  7. SESSION 3 Project Funded by the European Union • Child protection in the UN and Hague Conference framework. The EU and the child protection policy • Practical instruments for solving the most frequent problems on the right of visiting and custody and on child abduction • Discussion triggers: • The current situation in the MEDA countries • The law to be applied and the competence required for resolving • The local authorities’ cooperation and the necessity to improve training on this topic • visiting and custody rights from the point of view of human sciences ...

  8. SESSION 4 Project Funded by the European Union The importance of culture and religion in cross-border family conflicts • Cultural and sociological aspects in cross-border family conflicts • Religious aspects in cross-border family conflicts • Discussion triggers: • The current situation in the MEDA countries • Administrative and asistential sources on this topic • The role of the Customary Court • Civil and religious Law

  9. CONCLUSION Project Funded by the European Union • Let us build a partnership • Let us identify both the levers and the obstacles to real cooperation in these matters • Let us find the best practices and share them among all the partners Thank you for your attention Khaled Abouali, Senior Lecturer EuroMed Justice II Project Coordinator K.Abouali@eipa-ecr.com

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