L’Autorità di pubblica sicurezza può limitare la circolazione del coniuge con prole su istanza dell’altro genitore?

The author addresses the issue of the freedom of movement of people in compliance with the EU law and the Europcan Convention on Human Rights (ECHR). A specific issue involves the relationship between the freedom of movement in the Union and the italian law in the light of the judgements of national administrative courts. The case study concerns the fact that a parent is not allowed to obtain a passport or an identity card for travelling abroad on account of non furfilling his obligations to pay maintenance alIowance for his children. Under the EU law, national restrictions against the freedom of movement are not accepted and individuals are entitled to invoke it before the competent authority or the national courts; neverthless, the freedom of movernent is not unconditional and can be restricted. The author examines some Italian cases of freedom of movement restrictions implemented in order to guarantee the fullfilment of child support obligations in the light of the nature which the Court of justice attributes to the right of movemcnt in the EU. The fuIlfillment of the children maintenance is subjected,in any case, to the European freedom of movement and aboveall to the principle of proportionaliry which has a pivotal role in the EU law, as well as in the ECHR, in the light of discretionary powers of the public bodies. A restriction of freedom of movement constitutes a measure which exceeds what is suitable (or necessary) to achieve the desired end, if it could be attained by a less onerous method. In this case the European Court of Human Rights (ECtHR) stated that the measure violated the fundamental rights guaranteed by the ECIIR and notablv the Arucle 2 of Protocol No. 4.