EIRP Proceedings, Vol 11 (2016)

Abstract

The current paper combines elements of general theory of law with elements of comparative law and European Union law. Currently, we are witnessing some fascinating challenges for the rights and freedoms in the European Union. Creating a united Europe raises a delicate problem - the compatibility of national values and those of the European Union. Unfortunately, the twenty-eight national identities are threatened by this process, so we wonder, on the other hand, if the peoples of Europe are prepared to give up elements of their specificity and embrace unity in diversity. Perhaps the European Union law, which is characterized by multilingualism and multijuridism, to be considered a new type of law, appeared in landscape of the laws of the world? Only to the extent that the European Union is based on an autonomous legal will and the principles and values that are within the eternal legal area, both by the reason of the individual and by the national identity of the Member States, it is possible unity in diversity and hence there is a new family law. The importance of theoretical and applicative value of this study presents practical relevance for specialists in the field, who work in the judiciary system or in the national public administration, and more.