Speaker(s):
Series:
Associated with:
The IECL Lunchtime Seminar Series offers our Academic Visitors an opportunity to share their research, exchange ideas, and connect with colleagues on both substantive and methodological aspects of their work.
Each seminar usually lasts 30–45 minutes, with 20–30 minutes for the presentation followed by 10–15 minutes for Q&A. A light sandwich lunch will be provided.
Professor Konrad Duden
Right to a Limping Relationship? The European Principle of Recognition and Its Impact of International Family Law
Abstract: For several years now, the so-called principle of recognition has been gaining importance in private international law within the EU. This principle requires that a status registered in one Member State, e.g. a marriage or parenthood, be recognised as valid in the others. If recognition were refused, this would lead to the status being assessed differently within the EU - a so called limping status. According to the ECJ, such a limping status would infringe on EU citizens’ right to free movement. Starting from the law of companies and names, case law has recently extended the principle of recognition to same-sex marriages and parenthood, as well as to changes in legal gender. A case law has emerged that requires Member States to give extensive consideration to foreign law in an area of law that is particularly controversial politically. Despite the importance and political sensitivity of the principle of recognition, many questions remain unclear, be it regarding the principle's fundamental legitimacy, the scope of recognition or its binding effect. Some of these issues will be discussed in the presentation.
