THE NEW CHALLENGES IN REGULATION OF MARRIAGE AND NON-MARITAL UNION

Abstract

In this paper, author analyzes the dramatically changes that occur in marriage and family relations and their reflection on the family legislations in European countries. The author concludes that almost all European countries are faced with the same transformations manifested in increasing number of divorces and mono-parental families, increasing number of non marital unions and children born out of wedlock, decreasing number of new marriages, decreasing number of the population and so on. As a result of these transformations in certain countries marriage no longer enjoys a monopoly as a foundation of the family. This is the reason why in modern societies there is no longer one dominant model of family, but there is a plurality of family models. Certain number of countries recognizes the civil union or registered partnership for same sex couples, while a small number of countries recognize the same-sex marriage. Still, greater number of countries recognizes only the heterosexual marriage and heterosexual cohabitation. If the new Constitutional amendments will be accepted, Macedonia will become one of the most conservative countries in Europe regarding the question of regulation marriage and cohabitation, only between persons of different sex. On this issue the author raises doubts what will be the repercussions of these solutions regarding the European Convention on Human Rights and Fundamental Freedoms and the judicial practice of the European Court of Human Rights.