Das Anerkennungsprinzip im internationalen Privatrecht

Since the decisions made by the European Court of Justice in the cases of Garcia Avello and Grunkin & Paul, there has been a lively discussion in the literature of private international law on the recognition of civil and marital status within the European Union. There is also some talk of replacing traditional private international law with a basic recognition principle in European law. Katja Funken studies the extent to which European law, in particular the ban on discrimination and the freedom of movement, calls for a principle of mutual recognition in questions of status and asks whether or not mutual recognition as one of several possible methods of achieving the predetermined goal has to face the competition with other methods of private international law. On this basis, she studies whether it would be desirable to establish a recognition system for civil status in the entire European Union, and what the prerequisites for this would be.