La legge regolatrice del rapporto di filiazione nella proposta di regolamento della Commissione europea
Journal title CITTADINANZA EUROPEA (LA)
Author/s Francesco Pesce
Publishing Year 2024 Issue 2024/1
Language Italian Pages 11 P. 37-47 File size 176 KB
DOI 10.3280/CEU2024-001005
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The conflict-of-law rules contained in the draft Regulation appear to be openly inspired by the objective of guaranteeing the establishment of filiation (bigenitorial, as far as possible), likewise limiting to the extreme the hypotheses in which it is possible to exclude the application of the foreign law referred to on the ground of contrast with the values of the order of the forum. Therefore, the conflict-of-law provisions here considered seem to abandon the position of ‘neutrality’ that is traditionally and tendentially recognised to them, in favour of the pursuit of a clear material objective, politically comprehensible but, perhaps, strategically not very functional to coalesce the consensus of all the States belonging to the so-called European area of freedom, security and justice.
Francesco Pesce, La legge regolatrice del rapporto di filiazione nella proposta di regolamento della Commissione europea in "CITTADINANZA EUROPEA (LA)" 1/2024, pp 37-47, DOI: 10.3280/CEU2024-001005