The scope of application of the european freedoms related with family law and the relations between public order of the European Union and that of the member states

Abstract

From the jurisprudence issued by the Court of Justice in application of the European freedoms in cross border cases that affect Family Law, a series of fundamental rights are extrapolated that, having their reflection in the Charter of Fundamental Rights of the Union, would configure what has come to be called the public order of the European Union. Member States also have their own public order which, forming part of the national identity (art. 4.2 TEU), would constitute a limit to European freedoms. From the jurisprudence of the Court of Justice a method is deduced to establish the scope of application and the relations between one and the other.