The recognition of a name, as a crucial aspect of personal identity, intersects with private international law, European Union law and human rights. The judgments of the ECJ and the ECHR have frequently dealt with ensuring continuity of names, often taking divergent paths and reaching non-coinciding outcomes. Nonetheless, reconciling the protection of freedom of movement guaranteed by EU law with safeguarding the fundamental rights of individuals appears to be the key to ensur- ing the right to personal identity, of which the name is a vital component. This article highlights the differing approaches of the ECJ and the ECHR in similar or identical cases and aims to underscore the influence this case law has had on national and international provisions of private international law
The Recognition of Names Between EU Law and Human Rights Law. recent Developments
Giulia Rossolillo
2024-01-01
Abstract
The recognition of a name, as a crucial aspect of personal identity, intersects with private international law, European Union law and human rights. The judgments of the ECJ and the ECHR have frequently dealt with ensuring continuity of names, often taking divergent paths and reaching non-coinciding outcomes. Nonetheless, reconciling the protection of freedom of movement guaranteed by EU law with safeguarding the fundamental rights of individuals appears to be the key to ensur- ing the right to personal identity, of which the name is a vital component. This article highlights the differing approaches of the ECJ and the ECHR in similar or identical cases and aims to underscore the influence this case law has had on national and international provisions of private international lawI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
