La riforma italiana del diritto di famiglia nel processo d'integrazione europea

Italian family law is based on the 1942 Civil Code, updated over the years in the wake of the emerging needs of actual society. Even the most recent reform of 2016, which has legally recognized civil unions and cohabitation, has formalized family types already existing in practice, following the continuing pressures of Italian and European jurisprudence. Moreover, despite the intervention of law no. 76/2016, there are still some unregulated family types: same-sex couples civilly united and their children adopted abroad, or couples with children procreated abroad through surrogacy. It is clear that the persistent legislative gap in regard to these families inevitably leads to discrimination, the violation of articles 8 and 12 ECHR and to the unacceptable limitation of the freedom of movement. This contribution seeks to highlight how freedom of movement is affected for families that are valid for all legal intents and purposes in the EU Member State were they formed, but not in Italy. To reach effective European integration, it is necessary that the legal recognition of personal rights goes beyond national boundaries, in order to allow each individual and each family to enjoy the same rights and duties throughout the Union, regardless of domestic contingencies.