Method of recognition in the case law of CJEU – evolution and perspectives

Abstract

The article examines the development of the method of recognition in Private International Law as a complementary method of legal regulation – an alternative to the conflict of laws method. The case law of the Court of Justice of the European Union has significantly contributed to the establishment of the method of recognition. The subject of regulatory influence are the elements of personal status – name and gender of individuals, as well as existing family relationships – origin, marriage, adoption. The method of recognition ensures continuity in the legal identity of individuals and legal certainty when travelling between member states when exercising freedom of movement and establishment in the EU. Its legal basis is the fundamental freedoms in the founding treaties, the protection of fundamental rights in the Charter of Fundamental Rights of the EU and the European Convention on Human Rights.