CURRENT DEVELOPMENTS: I. Brussels II bis: Matrimonial Matters, Parental Responsibility, Child Abduction and Mutual Recognition

2004 ◽  
Vol 53 (2) ◽  
pp. 503-512 ◽  
Author(s):  
Peter McEleavy
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Council Meeting ◽  
Parental Responsibility ◽  
Member States ◽  
Child Abduction ◽  
Formal Classification ◽  
Recognition And Enforcement ◽  
Council Regulation

At the Justice and Home Affairs (JHA) Council meeting in Brussels on 2 and 3 October 2003 final political agreement was reached on a new and expanded version of the Brussels II Regulation, a text which has commonly become known as Brussels II bis. The instrument, which was adopted by the JHA ministers on 27 November, has now received formal classification as Council Regulation No 2201/2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and Matters Relating to Parental Responsibility Repealing Regulation (EC) No 1347/2000.1 The net result of this precipitous reform is that Brussels JJ shall cease to have effect from 1 May 2005,2 a mere 4 years and 2 months after it entered into force. Henceforth there will be a single, integrated instrument which will cover, inter alia, the free movement of judgments in matters of parental responsibility as well as of matrimonial judgments and introduce provisions on cooperation between Member States.

scholarly journals Występek uprowadzenia osoby małoletniej lub nieporadnej na tle regulacji międzynarodowych

2020 ◽  
Vol 16 (1) ◽  
pp. 26-52
Author(s):  
Michalina Miązek
Keyword(s):  
International Law ◽  
International Agreement ◽  
Parental Responsibility ◽  
Negative Effects ◽  
Child Abduction ◽  
International Child ◽  
International Regulations ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Council Regulation

International regulations provide comprehensive and sufficient protection against cross-border abductions and detentions. Among the most important international law instruments is the Convention on the Civil Aspects of International Child Abduction. (The Hague, 25th October 1980) This international agreement allows protection for victims of the crime in question against its negative effects. In addition, the Convention guarantees the immediate return of the unlawfully abducted or detained to the country of permanent residence. Among the discussed international law documents, the Council Regulation No. 2201/2003 (the so-called Brussels II bis 27th November 2003) deserves special attention. It regulates jurisdiction and the recognition and enforcement of judgments and parental responsibility.

scholarly journals El Artículo 15 del Reglamento 2201/2003 y la remisión a un órgano jurisdiccional mejor situado para conocer del asunto. Nota a la Sentencia del TJUE de 4 de octubre de 2018, IQ y JO, AS. 478/17 = Article 15 of Regulation 2201/2003 and the transfer to a court better placed to hear the case. Comment to the ECJ Judgment 4 October 2018, IQ v JO, C-478/17

2019 ◽  
Vol 11 (2) ◽  
pp. 452
Author(s):  
Beatriz Campuzano Díaz
Keyword(s):  
Parental Responsibility ◽  
Member States ◽  
Recognition And Enforcement ◽  
Council Regulation

Resumen: Esta Sentencia tiene por objeto la interpretación del artículo 15 del Reglamento (CE) N.o 2201/2003 del Consejo, de 27 de noviembre de 2003, relativo a la competencia, el reconocimiento y la ejecución de resoluciones judiciales en materia matrimonial y de responsabilidad parental, por el que se deroga el Reglamento (CE) n.o 1347/2000. La cuestión que se planteó era cómo había que proceder en una situación caracterizada por el hecho de que los tribunales de los dos Estados miembros afectados tenían competencia judicial internacional conforme a las disposiciones de este Reglamento para conocer del fondo del asunto.Palabras clave: remisión a un órgano jurisdiccional mejor situado, tribunal competente para conocer del fondo del asunto.Abstract: This judgment refers to the interpretation of Article 15 of Council Regulation (EC) Nº 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. The question was how to proceed in a situation characterised by the fact that the courts of both Member States concerned, had jurisdiction under this Regulation.Keywords: transfer to a court better placed to hear the case, court having jurisdiction as to the substance of a case. 

The Developing EC Private International Law on Family Matters

2001 ◽  
Vol 4 ◽  
pp. 373-412
Author(s):  
Peter Stone
Keyword(s):  
International Law ◽  
European Community ◽  
Child Custody ◽  
Mutual Recognition ◽  
Broad Sense ◽  
Community Level ◽  
Private International Law ◽  
Parental Responsibility ◽  
Choice Of Law ◽  
Recognition And Enforcement

The entry into force on 1st March 2001 of Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Matrimonial Regulation’) amounts to a landmark in the harmonisation of private international law at European Community level. It deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law, in respect of divorce, separation and annulment of marriage, and of custody (in a broad sense) of children of both spouses when determined on the occasion of matrimonial proceedings. It is the first EC measure to enter into force dealing with private international law in family matters, and is likely to be followed up by further such measures, especially in relation to child custody when dealt with independently of any matrimonial proceedings.

BOOK REVIEWSBOOK REVIEWSvan der WeideJ. A.Lecturer in private international law, Faculty of Law, Free University, Amsterdam122001483367371RutgersJ.W., International Reservation of Title Clauses: A Study of Dutch, French and German Private International Law in the Light of European Law, T.M.C. Asser Press, The Hague 1999, XI + 233 pp., € 61.50/US$ 81/UK£ 47.25. ISBN 90-6704-116-5.Copyright © T.M.C. Asser Press 20012001T.M.C. Asser PresspdfS0165070X00001388a.pdfdispartBook Reviews1.See, e.g., VlietL.P.W. van, Transfer of Movables in German, French, English and Dutch Law (diss. Maastricht) (Nijmegen, Ars Aequi Libri 2000).2.1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, most recently amended by the 1996 Accession Convention. The Brussels Convention will be converted into the Council Regulation (EC) No. 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Official Journal ECL 12, 16 01 2001), which will come into force on 1 March 2002. This Council Regulation shall apply to all EC Member States except Denmark.3.Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 (Official Journal EC L 200, 8 08 2000). Art. 4 states: ‘1) Member States shall provide in conformity with the applicable national provisions designated by private international law that the seller retains title to goods until they are fully paid for if a retention of title clause has been expressly agreed between the buyer and the seller before the delivery of the goods. 2) Member States may adopt or retain provisions dealing with down payments already made by the debtor.’4.See, e.g., MünchKomm-Kreuzer, Internatonales sachenrecht (München, C.H. Beck 1998), Nach Art. 38 Anh. I, nrs. 66–67; Staudinger/Stoll, Internationales Sachenrecht (Berlin, Sellier de Gruyter 1996) nrs. 282–285 and 292–294; WeberR.H., ‘Parteiautonomie im internationalen Sachenrecht?

2001 ◽  
Vol 48 (03) ◽  
pp. 367
Author(s):  
J. A. van der Weide
Keyword(s):  
International Law ◽  
Official Journal ◽  
Brussels Convention ◽  
Private International Law ◽  
European Law ◽  
Member States ◽  
Law Faculty ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Council Regulation

scholarly journals Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination

2020 ◽  
Vol 13 (3) ◽  
pp. 89-108
Author(s):  
Henrik Wenander
Keyword(s):  
Social Security ◽  
Mutual Recognition ◽  
Case Law ◽  
Free Movement ◽  
Mutual Trust ◽  
Social Security Systems ◽  
Security Systems ◽  
Member States ◽  
Legislative Choice

This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.

Part V Family Law, 25 Children

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Union Member ◽  
Common Law ◽  
Hague Convention ◽  
European Union Member State ◽  
Private International Law ◽  
Parental Responsibility ◽  
Council Of Europe ◽  
Child Abduction ◽  
Recognition And Enforcement

This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.

scholarly journals Odlučivanje o imovinskim odnosima bračnih drugova u ostavinskim postupcima sukladno Uredbi 2016/1103 o bračnoimovinskom režimu

2017 ◽  
Vol 38 (1) ◽  
pp. 449-471
Author(s):  
Paula Poretti
Keyword(s):  
Family Law ◽  
Member States ◽  
Applicable Law ◽  
Cross Border ◽  
International Couples ◽  
Recognition And Enforcement ◽  
Council Regulation ◽  
Property Regimes ◽  
European Family ◽  
Open Issues

Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (hereinafter: Regulation 2016/1103) provides for uniform rules which should facilitate delivering of judgments concerning matrimonial property in cross-border disputes in 18 Member States which established enhanced cooperation between themselves in the area of the property regimes of international couples. The application of the Regulation 2016/1103 should contribue to the application of other european instruments in the fi eld of european family law in divorce and succession proceedings. The paper presents rules on jurisdiction and applicable law under the Regulation 2016/1103 which should be applied in proceedings concerning matrimonial property regimes. Application of the provisions of Regulation 2016/1103 on jurisdiction and applicable law in proceedings for succession will be analyzed. The paper elaborates on certain potentially problematic solutions and open issues revealed through interpretation of provisions of Regulation 2016/1103 which could cause doubts and uncertainties for the court and public notaries. Possible solutions which could remove diffi culties and insuffi ciencies in the application of the Regulation 2016/1103 will be suggested.

scholarly journals HARMONIZATION OF ASEAN INVESTMENT LAWS: ANY POSSIBILITY TOWARD RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN ASEAN MEMBER STATES

2018 ◽  
Vol 3 (2) ◽  
pp. 109-116
Author(s):  
U-Krisdh Musicpunth ◽  
Anon Sriboonroj
Keyword(s):  
Host Country ◽  
Dispute Settlement ◽  
Service Providers ◽  
Free Movement ◽  
Economic Activities ◽  
Member States ◽  
Asean Member ◽  
Doing Business ◽  
Legal Relationship ◽  
Recognition And Enforcement

In having ASEAN investment related agreements responded to economic activities seeking   by   investor   and   service   providers   or   suppliers   practically, harmonization   of investment related laws among AMS is from time to time reiterated “necessarily needed in various aspects”. Since establishment to operation and dispute settlement are under the concept of ASEAN free movement, the host country normally shapes up all processes of doing business by its domestic laws and regulations. Of course, they are depended on each member state’s regime and jurisdiction which always different from each other and in principle not apply cross borders.  The ten members we already have with sovereignty issue in addition, these make the need of integrity of laws moved even harder. Recommended by the authors as an optional choice, recognition and enforcement of foreign judgments, inter-alia, can play its role as a supportive mechanism under harmonization of investment laws. The legal relationship between investors and investors, investors and states or between states and states in AMS then will be undertaken regionally and seamlessly.

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