La tutela comunitaria della vita familiare tra mercato interno e spazio di libertà, sicurezza e giustizia

The thesis inquires into the features of EC regulation of family relationships. Respect for family life is a fundamental right recognised by the European Union. Protection of family life arises as a spill-over effect of EC free movement, immigration and sex equality law. It also constitutes an object of EC private international law. Legislation and case-law demonstrate the emergence of a principle of respect throughout the Member States of the European citizens personal and family status as a condition for effective free movement. Such a principle may prevent the application of national laws denying recognition of a family status acquired in another Member State. However, the recognition of status may be inhibited by the necessity to protect general interests of the Member States, whose legitimacy is to be assessed by the European Court of Justice. The principle of recognition of status also deserves a role within the enactment of EC private international law in family matters under art. 65 EC. In conclusion, EC action in family matters is aimed at promoting mutual recognition of family status between the Member States, rather than at harmonising family laws