Cross-Border Continuity of Family Status and Public Policy Concerns in the European Union

Abstract

Free movement and respect for human rights impact on EU Member States’ family law and conflict of law rules, granting EU citizens the right to recognition of a status acquired in (or under the rules of) another legal order. However, status can be prevented from producing effects in the forum if their recognition would be inconsistent with public policy. Having regard to the relevance of the EU citizen’s rights in the European integration process, this essay theorizes the need to resize the Member States’ sovereignty through a greatly attenuated public policy clause, notably when a minor’s status is at stake.

Keywords: Right to private and family life, Free movement, Private international law, Human rights, Status recognition