The free movement of persons is one of the fundamental rights in the European Union. Although it was originally established in order to foster cooperation in economic terms, its nature has since been changing towards a more socially-oriented one. The original economic purposes have not prevented the ECJ from ensuring the effectiveness of the rights enshrined in the EU Treaties. This means that the person is not to be regarded (only) as an economic factor, but first of all as a human being, whose fundamental rights must be granted. In this framework, the author examines the sensitive subject-matter of the cross-border continuity of the means of personal identification within the EU. Provided that the praxis demonstrates that Member States can refuse to recognise automatically the means of personal identification formed abroad, the present study examines possible solutions. First of all 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, some tentative solutions adopted in the EU are analysed. Finally, the article deals with the possible adoption of EU measures. Two possible methods are particularily 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 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.
THE CROSS-BORDER CONTINUITY OF NAMES IN THE EUROPEAN UNION
SILVIA MARINO
2017-01-01
Abstract
The free movement of persons is one of the fundamental rights in the European Union. Although it was originally established in order to foster cooperation in economic terms, its nature has since been changing towards a more socially-oriented one. The original economic purposes have not prevented the ECJ from ensuring the effectiveness of the rights enshrined in the EU Treaties. This means that the person is not to be regarded (only) as an economic factor, but first of all as a human being, whose fundamental rights must be granted. In this framework, the author examines the sensitive subject-matter of the cross-border continuity of the means of personal identification within the EU. Provided that the praxis demonstrates that Member States can refuse to recognise automatically the means of personal identification formed abroad, the present study examines possible solutions. First of all 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, some tentative solutions adopted in the EU are analysed. Finally, the article deals with the possible adoption of EU measures. Two possible methods are particularily 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 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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