The author examines the sensitive subject-matter of the cross-border continuity of the means of personal identification, which could be jeopardised by the current legal fragmentation within the EU. The present study examines first of all if a right of the cross-border continuity of names can be stated, according to the case-law of the European Court of Human Rights and the Court of Justice of the EU. Provided that the answer is affirmative, although on different grounds, some international conventions, and EU regulations, tackling with the topics are analysed. Finally, the article deals with the possible adoption of EU measures, that could safeguard the cross-border continuity of the names. Two possible methods are analysed: the full recognition of judicial situations, and the mutual recognition based on the harmonisation of the conflict-of-laws rules. Although the first method seems particularly suitable in order to prevent all the problems related to the international recognition of the personal identity, it is submitted that it cannot be easily accepted by and within the EU. Therefore, the harmonisation could be an acceptable solution, and some possible connecting factors are suggested accordingly.
IL DIRITTO ALL’IDENTITÀ PERSONALE E LA LIBERA CIRCOLAZIONE DELLE PERSONE NELL’UNIONE EUROPEA
MARINO, SILVIA
2016-01-01
Abstract
The author examines the sensitive subject-matter of the cross-border continuity of the means of personal identification, which could be jeopardised by the current legal fragmentation within the EU. The present study examines first of all if a right of the cross-border continuity of names can be stated, according to the case-law of the European Court of Human Rights and the Court of Justice of the EU. Provided that the answer is affirmative, although on different grounds, some international conventions, and EU regulations, tackling with the topics are analysed. Finally, the article deals with the possible adoption of EU measures, that could safeguard the cross-border continuity of the names. Two possible methods are analysed: the full recognition of judicial situations, and the mutual recognition based on the harmonisation of the conflict-of-laws rules. Although the first method seems particularly suitable in order to prevent all the problems related to the international recognition of the personal identity, it is submitted that it cannot be easily accepted by and within the EU. Therefore, the harmonisation could be an acceptable solution, and some possible connecting factors are suggested accordingly.
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