In contemporary society, there has been a significant increase in the diversity of family structures, reflecting the transformation of the concept of family within the framework of modern society recognized by the member states of the European Union (hereinafter: EU). The traditional notion of a family composed of biological parents and children is gradually losing dominance, with alternative forms of family units being increasingly accepted and recognized. In addition to nuclear families, various forms of living arrangements are emerging, including adoptive, foster, single-parent, blended families and families with same-sex partners. This diversity contributes to enriching the spectrum of family types and underscores the need to adapt legislation and social security rules to adequately reflect modern family realities.
In the field of social security law current legal norms do not keep pace with the changing dynamics of family structures. Regulation (EC) No 883/2004 on the coordination of social security systems does not cover all aspects of diverse family units, which can lead to difficulties in recognizing family members and their rights in different member states. Consequently, barriers may arise to ensure equal rights and social security for all family members in the EU.
Furthermore, due to the interdependence between national law and EU law, the definition of family structures at the national level is crucial in the application of EU legislation. However, these definitions often vary as they stem from different family laws and reflect the specific historical, cultural, and ideological elements of individual countries. This can lead to complex situations where one member state recognizes certain family constellations while others do not, further complicating the legal protection of family members in the EU.
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