Method of recognition in the case law of European Court on Human Rights

Abstract

The study examines the development of the recognition method in private international law as a complementary method of legal regulation – an alternative to the conflict of laws method. The case law of the European Court of Human Rights contributes to the establishment of the method of recognition. There is a judicial exchange and coherence between the ECHR and the Court of Justice of the EU. Subject to regulatory impact are the elements of personal status – name and gender of individuals, as well as established abroad family relationships – origin, marriage, adoption. Currently, there is no consensus among states on regulating the method of recognition in international sources of law. There is an initiative in EU law to recognize the origin of children evidenced in a foreign public act. The lack of legal regulation is not decisive given the existing obligations of states under EU primary law and under the European Convention for the Protection of Human Rights and Fundamental Freedoms to recognize family relationships and elements of personal legal personality that arose abroad. There is a trend towards creating a national regulation of the right of subjects of recognition, derived from the jurisprudence of the Court of Justice of the EU and the ECHR.