{"title":"What’s in a Name? Equal Treatment, Union Citizens and National Rules on Names and Titles","authors":"Á. Mohay, N. Tóth","doi":"10.1515/ICL-2017-0075","DOIUrl":null,"url":null,"abstract":"Abstract The construction of names and the use of nobility titles is not regulated by European Union law. Yet the Court of Justice of the EU has had to deal with such issues on various occasions where national rules on names or titles had to be contrasted with the EU law on equal treatment, Union citizenship and free movement and residence. Rules on names fall essentially within the competence of the member states, but the states have to regard EU law when exercising this competence. Our paper undertakes to analyse this issue in light of a recent relevant judgment, the Bogendorff von Wolffersdorff case, having regard also to the Court’s reasoning regarding the national constitutional identity clause [Art 4 (2)TEU]. We argue – inter alia – that the Court of Justice decided in this judgment not to favour the rights of a free-moving EU citizen (even if the judgment admittedly affects only a limited circle of individuals) and put national constitutional identity first, yet the way in which the identity clause was used by the Court is also debatable in our view.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2017-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"ICL Journal-Vienna Journal on International Constitutional Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ICL-2017-0075","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract The construction of names and the use of nobility titles is not regulated by European Union law. Yet the Court of Justice of the EU has had to deal with such issues on various occasions where national rules on names or titles had to be contrasted with the EU law on equal treatment, Union citizenship and free movement and residence. Rules on names fall essentially within the competence of the member states, but the states have to regard EU law when exercising this competence. Our paper undertakes to analyse this issue in light of a recent relevant judgment, the Bogendorff von Wolffersdorff case, having regard also to the Court’s reasoning regarding the national constitutional identity clause [Art 4 (2)TEU]. We argue – inter alia – that the Court of Justice decided in this judgment not to favour the rights of a free-moving EU citizen (even if the judgment admittedly affects only a limited circle of individuals) and put national constitutional identity first, yet the way in which the identity clause was used by the Court is also debatable in our view.
欧盟法律对姓名的构成和贵族头衔的使用没有规定。然而,欧盟法院不得不在各种场合处理这类问题,这些场合必须将有关姓名或头衔的国家规则与欧盟关于平等待遇、联盟公民身份、自由流动和居住的法律进行对比。关于名称的规则基本上属于成员国的权限范围,但各国在行使这一权限时必须考虑欧盟法律。我们的论文将根据最近的一项相关判决,即Bogendorff von Wolffersdorff案,对这一问题进行分析,同时考虑到法院对国家宪法认同条款(第4(2)条)的推理。我们认为-除其他外-法院在这一判决中决定不支持自由流动的欧盟公民的权利(即使判决承认只影响到有限的个人圈子),并将国家宪法身份放在首位,但在我们看来,法院使用身份条款的方式也值得商榷。