Public policy: united in diversity... within the marriage?

Abstract

The present paper tackles the development of the notion of public policy in the definition of the concept of marriage. It starts from brief remarks on the case law of the Court of Justice of the European Union in the field of the right to free movement of people and of the European Court of Human Rights on the right to private and family life. Then, it analyses the uncertainties stemming from the national divergences. Further, the impact of the Coman case on the applicability of EU measures on civil judicial cooperation and on the notion of public policy is examined. Conclusively, the paper submits some considerations on the modern function of the public policy.