1,721,059 research outputs found
Diritti fondamentali e riconoscimento dello status filii in casi di maternità surrogata: la primazia degli interessi del minore
No full textWhile focusing on the ECtHR’s case-law on international surrogacy arrangements and namely on the child primary right’s to obtain respect for his private life, the article intends to show how inter-national human rights instruments can affect domestic law and its system of private international law. It argues basically that the Strasbourg Court approach, under Article 8 ECHR, is to be con-ceived as a judicial policy of child first implying a primacy of child’s rights as the ultimate point de repère given that he or she is the most vulnerable. Respect for the right to private life requires that persons should be able to establish details of their identity as individual human beings, which in-cludes filiation and the child’s right to have an identity, as well as a name. Overall, the emphasis lies on the child’s primary need to have his/her status filii recognized with respect to the biological fa-ther. Ultimately, the article advocates that private international law is to be shaped by means of in-terpretation to comply with international human rights obligations
Derechos Fundamentales y Derecho Internacional Privado de Familia
No full textEste artículo se centra en la relación entre el Derecho internacional privado de familia y
el respeto por los derechos individuales a la vida privada y familiar. Al analizar la jurisprudencia nacional
e internacional relevante al respecto se aprecia, como punto de partida, cómo el reconocimiento de
resoluciones extranjeras puede afectar negativamente a esos derechos fundamentales. El artículo pretende,
en esencia, conceptualizar los fundamentos legales subyacentes en el reconocimiento de sentencias
judiciales y actos públicos extranjeros, desde una perspectiva basada en los derechos humanos
Disclosure of Leniency Corporate Statements and Settlement Submissions
No full textThe article focuses on Article 6(6) of the Directive N° 2014/104/EU which provides for a systemic protection from disclosure of leniency corporate statements and settlement submissions, while raising doubts about its consistency with well-established case law of the ECJ on this topic
Diritto e prassi evolutiva dell’Eurogruppo
No full textProtocol No 14 does not reflect in normative terms the relevant role assumed by
the Eurogroup in the EU institutional dynamics. It is only through the prism of its rich
practice that one can assess that role. Originally conceived as a complementary body
with respect to ECOFIN, the Eurogroup has become an instance of evaluation and composition
of the specific interests of the Eurozone, its activities having ended up affecting
the internal equilibrium of the ECOFIN. Indeed, practice shows that Eurogroup’s
positions – adopted by consensus – do influence the ECOFIN decision-making since
the Eurozone Ministers may vote as a caucus. In a broader perspective, the Eurogroup
evolutionary practice appears as a paradigmatic case study to conceptualize the normative
role of customs at the institutional level. The paper addresses that practice
even in the prospect to examine the limits to creating customary rules within the EU
legal order
Recognition of foreign personal and family status: a rights based perspective
No full textInternational human rights are important factors in the shaping
of private international law in family matters. In fact, the latter has to
measure up to the standards set by the former, like any domestic field of law
should. Accordingly, respect for family and private life, as internationally
guaranteed, shows that a self-contained regime merely defined by reference
to the classic definitional categories and techniques of national law is less
and less suitable to deal with cross-border cases. In essence this paper, while
considering cross-border cases and international practice, argues that fundamental
rights prescribe an inherent and positive obligation of result to recognize
and enforce a family relationship lawfully created abroad. This approach
entails, firstly, a derogation from the proceedings for recognition
and enforcement set forth in the national system of PIL, and, secondly, a
positive obligation to be fulfilled by public authorities. In this human-rightsbased
perspective, PIL requirements must then be re-shaped, where possible
by means of interpretation, to safeguard the fundamental rights of the individuals
concerned
Rule of Law 'Dialogues' Within the EU: A Legal Assessment
No full textThe rule of law is a foundational principle of the EU’s identity. It implies
inter alia that member states are required to comply with this principle in their
respective national realm. In that regard, the paper argues that respect for the rule of
law can be conceptualized as an erga omes partes obligation: its indivisible nature
entails that each country owes it to the EU, the other member states, as well as
individuals. Yet the EU institutional system reveals some shortcomings as to the
oversight on systemic deficiencies of the rule of law at national level, since the
Article 7 procedure is not a sound response to systemic threats to the rule of law. In
the light of a Council’s invitation, the Commission has proposed a complementary
mechanism, which provides for a political oversight aimed essentially at entering
into a dialogue with the concerned member state. This paper, while challenging
some critical remarks to the Commission’s Communication, advocates that it is
consistent with the Treaties. Finally, the paper highlights some positive and negative
aspects of the Council’s conclusions aimed at enacting a new political dialogue
among all member states within the Council to promote and safeguard the rule of
law
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