The Family Policy of the European Community

Abstract

The task of this chapter is to examine 'the family policy' of the Community. The first part of this report will examine past and present declarations and actions of the Community which may be taken as expressions of a family policy. This part could be called common ground or the established legal situation of families in Community law and policy. In the second part, the focus will be on the question, whether the expressions of family policy identified in the first part can be applied to relationships of lesbians and gay men. The third part will then examine whether the existing legal situation in its treatment of same-sex relationships can be found to be satisfactory from a Community point of view; or, to say it differently, whether the Community should be satisfied with its existing family policy and leave the improvement of the situation of lesbians and gay men to the Member States. The report will conclude by proposing de lege ferenda action by the Community wherever it may be necessary or at least useful, to end unjustified differences in the treatment of same-sex relationships.