suggested citation: A. Montigny, Le projet de règlement européen sur les filiations à l’aune de la jurisprudence de la Cour européenne des droits de l’hommlceonline (www.lceonline.eu), 3/2024, II/Rubriche.
key words: filiation, family, applicable law
abstract: European Union law has developed in recent years in order to achieve harmonization of European legislation. He thus conquered family property law to also understand extra-patrimonial law. It therefore appeared ‘natural’ that in this conquest of family law, Union law would be interested in questions relating to filiation. It is in such a context that the draft European regulation on filiations takes place. However, the adoption of such a standard does not appear as simple as an eye outside that of law, and specifically European law, might think. Indeed, in another European wake, filiation has been addressed on numerous occasions in the case law of the European Court of Human Rights (ECtHR). The issues arising from the law of filiation continue to feed the case law of this jurisdiction, which, for its part, attempts to standardize the rules applicable in this area in the pursuit of the best interests of children. Thus, the adoption of this European regulation would be intertwined with the work previously carried out by the ECtHR. This potential competition appears even more complex when we know that the Strasbourg court does not hesitate to manipulate the standards arising from the European Union within these judgments. In addition to having to verify that the draft regulation finds equivalence in the standards of the ECtHR, we must ensure that the Member States of the two institutions will not rush to not respect the regulation issued by the European Union even though the ECtHR would refer them to a national margin of appreciation. This subtle balance therefore highlights a still fragile balance in the common search for the protection of fundamental rights in the European continent.
