Continuity of civil status for mobile citizens in a diverse European Union: how to ensure through EU law a right balance between freedom of movement, fundamental rights and respect for the competences and national identities of the Member States?

Within the EU, civil status still is a Member State competence and the pertinent national legislation is marked by divergences rooted in national traditions and values, sometimes even with a constitutional character. This may disturb the continuity of the civil status of mobile Union citizens, who move between the Member States and, as a result of the applicable choice-of-law rules, may become subject to different substantive rules in the respective home and host States. Discontinuity of status threatens the Union's objective of intra-Union freedom of movement for all Union citizens and the protection of their fundamental rights. Yet, the EU is also obliged to respect the Member States' competences and national identities. The research project aims to examine whether and, if so, how continuity of civil status can be ensured through EU law for mobile Union citizens without encroaching upon the competences of the Member States and with due respect for their national identities as well as the Union citizens' fundamental rights. The research project is scientifcally innovative and responds to an important societal concern as well.

Keywords:EUROPEAN UNION LAW, CONSTITUTIONAL LAW, LAW OF PERSONS, EUROPEAN PRIVATE INTERNATIONAL LAW

Disciplines:Constitutional law, European law, Family law, Human rights law, International private law