Il riconoscimento delle decisioni in materia di filiazione nella proposta di Regolamento del Consiglio del 2022: oltre Pancharevo verso un ordine pubblico “rafforzato” dell’Unione europea

The recognition of decisions establishing parenthood in the proposal for a Council Regulation of 2022: beyond Pancharevo towards a “strengthened” ordre public of the European Union The purpose of this contribution is to analyse the proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, presented by the European Commission in December 2022, with specific regard to the provisions related to recognition of court decisions establishing parenthood with binding legal effect, and, concerning evasion of law (fraude à la loi), to the provisions on applicable law. The article argues that, despite not affecting the competence of the Member States to adopt substantive rules of family law, the proposal goes beyond the legal reasoning of the Court of Justice of the European Union (Pancharevo and Rzecznik Praw Obywatelskich) interfering in the definition of ordre public of the Member States. The latter seems to become more restricted or atténué, in line with the jurisprudence of the European Court of Human Rights. The article will also reflect on the evolution of a “strengthened” ordre public of the European Union, which does not tell States “what they shall do, but tells them what they cannot, or can no longer, do”, imposing negative obligations of not acting in a discriminatory way with regard to certain categories of people.