Regulation (EU) 2016/1191 ensures the free movement of persons through the free circulation of public documents but it is expressly not intended to apply "to the recognition in a Member State of legal effects relating to the content of public documents issued by the authorities of another Member State" (Article 2(4) ). In other words, the document certifying the existence of a marriage or parenthood guarantees the spouse or parent/child of an EU citizen free movement to another Member State, regardless of whether the marriage or parenthood at issue may be recognised in that State. This creates many delicate problems, both practical and theoretical.
• Circulation of Public Documents and Recognition of Civil Status Situations: Lights and Shadows
Cristina Campiglio
2023-01-01
Abstract
Regulation (EU) 2016/1191 ensures the free movement of persons through the free circulation of public documents but it is expressly not intended to apply "to the recognition in a Member State of legal effects relating to the content of public documents issued by the authorities of another Member State" (Article 2(4) ). In other words, the document certifying the existence of a marriage or parenthood guarantees the spouse or parent/child of an EU citizen free movement to another Member State, regardless of whether the marriage or parenthood at issue may be recognised in that State. This creates many delicate problems, both practical and theoretical.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
