The essay focuses on the role of legal autonomy in the regulation of family status and family relations between members of the typical or atypical family unit. Indeed, the role of legal autonomy has also been expanded by European citizenship understood by the European Court of Justice as an autonomous source of rights. This citizenship, which is added to the national one, has allowed the “static” couple, even in the absence of the transnational character of the family situation, to choose the law and the instruments of foreign legal systems to be applied to the patrimonial and existential relations of the community of life. The essay aims to demonstrate how the EU family regulations can also apply to “static” European citizens, allowing the choice of foreign laws with solutions unrelated to national law, in compliance with the constitutional public order limit of each member country.
European citizenship: opportunities and abuses in Private International Family Law
Giovanna Chiappetta
2021-01-01
Abstract
The essay focuses on the role of legal autonomy in the regulation of family status and family relations between members of the typical or atypical family unit. Indeed, the role of legal autonomy has also been expanded by European citizenship understood by the European Court of Justice as an autonomous source of rights. This citizenship, which is added to the national one, has allowed the “static” couple, even in the absence of the transnational character of the family situation, to choose the law and the instruments of foreign legal systems to be applied to the patrimonial and existential relations of the community of life. The essay aims to demonstrate how the EU family regulations can also apply to “static” European citizens, allowing the choice of foreign laws with solutions unrelated to national law, in compliance with the constitutional public order limit of each member country.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
