We recommend reading David de Groot’s recent publication entitled “The Many Faces of Civil Status Recognition – A legal analysis in the light of EU citizenship and the case law of the European Court of Justice and the European Court of Human Rights“. This is an analytical and well-in-depth research work that addresses some crucial issues related to the mutual recognition of civil status between the different legal systems and which is therefore an extremely useful reading for those interested in the implementation of the Regulation (EU) 2016/1191.
See de Groot’s book here.
According to de Groot’s thesis, civil status has been defined as the legal identity of a natural person – based on his life events – for the State. Limiting the scope of the research, it was established that only the status of nationality, name, horizontal civil status (marriage and registered partnerships) and vertical civil status (parentage) would be looked at.
The main research question of de Groot’s work is how to improve civil status recognition in the EU. In order to assess this, the different lines of case law on each civil status are considered and assessed which gaps still exist. Further EU sub-questions asked are (1) which role does EU citizenship play in respect of civil status recognition?; (2) what is the linkage between EU citizenship, the nationality of a Member State and civil status recognition?; (3) in how far is the principle of mutual recognition based on mutual trust of relevance in this field?; and (4) does it matter whether the civil status is established in another Member State or in a Third County but already recognised by another Member State?
David de Groot is Policy Analyst at the European Parliament. More about the Author here.