Gli effetti ‘concreti’ sull’ordinamento italiano della proposta di Regolamento europeo in tema di filiazione

suggested citation: M. Zanfino, Gli effetti ‘concreti’ sull’ordinamento italiano della proposta di Regolamento europeo in tema di filiazione, lceonline (www.lceonline.eu), 3/2024, II/Rubriche.

key words: status filiationis, European filiation certificate, principle of proportionality

abstract: This work aims to trace the effects on domestic law of the proposal of the EU Policy Commission aimed at harmonizing, at European level, the rules of international law in the field of filiation. It will be taken into consideration: from one hand, the recognition of the kinship relationship established between parents and children in a Member State of the Union “in all other Member States, without any specific procedure”; on the other hand, the creation of a “European certificate of filiation”, which can be optionally requested from the State by children or their legal representatives, after having ascertained the filiation relationship with their parents. Currently, Community law provides that the parentage relationship recognized in a Member State can only allow access to the territory and the right of residence, but nothing provides for rights relating to succession or the right of a parent to act as legal representative of a minor and, therefore, does not create application problems.

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