In this context, this regulation should, for instance, apply in cases where the parents are in dispute as regards the administration of the childs property. Regulation eu no 12152012 of the european parliament. Brussels ii bis provides certainty to separating couples as to where they should divorce, particularly to those who have lived in more than one country within the eu. This made provision for jurisdiction and enforcement in matrimonial proceedings. The new brussels ii regulation or the brussels ii regulation 2003 is to a large extent a copy of the old brussels ii regulation of 2001, that is to say as far as divorce and other matrimonial matters are concerned but, as to parental responsibility, it now covers all children, rather than only children of both spouses and it presents new. Application of articles 6 and 7 of the brussels iibis regulation. The european commission published today its proposal for a brussels ii ter regulation, aimed at replacing the current brussels ii bis regulation council regulation ec no 22012003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters. The eu has put in place a number of measures designed to help citizens with crossborder litigation. Organiser abduction ivana kunda, university of rijeka vesna tomljenovic, judge at the general. Reflections on the role of european private international law. Praktyczny przewodnik dotyczacy stosowania rozporzadzenia bruksela ii bis. Brussels ii bis objectives mutual recognition of all decisions in matrimonial matters and matters of parental responsiblity establish uniform jurisdiction rules facilitate crossborder visiting rights ensure the immediate return of the child in case of child abduction it suplements and reinforces the 1980 hague convention on the civil aspects of international child abduction.
Jurisdiction in parental responsibility and child abduction cases rijeka, 2021 april 2017 the project is cofunded by the justice programme of the european union. Brussels ii bis regulation research papers academia. Whether a revised regulation should provide for such rules has been. The revised brussels ii regulation countries to which the. It directly discourages mediation, reconciliations and early settlements. Wrongful removal or retention of the child the brussels.
In it, the advocate general offered his position as to how conditions for the transfer of proceedings under article 15 of the brussels ii bis regulation should be interpreted. Brussels ii bis recast has abolished the need for exequatur. Regulation brussels ii bis applies in civil matters relating to divorce, legal separation or marriage annulment. As the lives of the citizens of the european union eu become more and more intertwined, national borders have, in some ways, become less meaningful. Brussels ii regulation ec no, also called brussels iia or ii bis is a european union regulation on conflict of law issues in family law between. He regularly advises on issues of international jurisdiction in family cases, and below discusses the potential.
After almost three years from the european commission proposal, the council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction. On 1 march 2005 council regulation ec no 22012003 brussels ii bis superseded the 2000 regulation and extended the scope of the. David hodson on brussels ii bis regulation 2012 edition. They provide a reliable insight both into the changes which the entry into force of brussels ii bis has caused in the member states as well as into the current problems and. Alex critchley is a solicitor in the family law team at morton fraser. Updated as of 31 december 2010 to reflect the adjustments to the basel ii market risk framework announced by the basel committee in its 18 june 2010 press release and the stress testing guidance for the correlation trading portfolio referred to in paragraph 9 of the july 2009 version of this. The impact of the brussels ii regulation on hague convention proceedings in the european union 1 introduction with the 2003 enactment of the brussels ii bis regulation1 courts in countries of the european union became bound by a separate and additional set of laws governing hague return cases. Review of the council regulation 22012003 brussels ii.
The report of 1 december 2017 on the proposal for a council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction recast is available here rapporteur. Its impact and application in the member states by k. Ag wathelet suggests how conditions for transfer of. Developing concepts for european private international family law.
Wrongful removal or retention of the child the brussels ii bis regulation presenter. The regulation, known colloquially as brussels iia or sometimes brussels ii bis 1, applies in all the member states of the european union with the. View academics in brussels ii bis regulation on academia. Divorce and parental responsibility under the brussels ii. David hodson partner, international family law group brussels ii is possibly the most antifamily and unconciliatory piece of legislation in. Solely as a matter of convenience to readers, this comprehensive document is a compilation of the june 2004 basel ii framework, the elements of the 1988 accord that were not revised during the basel ii process, the 1996 amendment to the capital accord to incorporate market risks, and the 2005 paper on the application of basel ii to trading.
On 16 th june 2016 the advocate general melchior wathelet issued his opinion in child and family agency cafa v. Eu regulation 22012003 brussels ii bis has been in force for ten years. Matrimonial matters, parental responsibility, child abduction and mutual recognition volume 53 issue 2. Pdf eu regulation 22012003 brussels ii bis has been in force for ten years. It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Lamont, r 2007, habitual residence and brussels ii bis. Postbrexit family law has to address brussels ii bis. Report on the brussels ii ter proposal european civil. The court of justice delivered on 19 november 2015 its judgment in case c. What we should not expect from a recast of the brussels iibis. Brussels ii bis, the recognition of a judgment and. The brussels ii regulation 2003 european civil law. If the european commission decides to recast the brussels iibis reg ulation, it is likely to submit a proposal in which the focus will be on practical matters, such. David hodson highlights the key provisions of brussels ii bis which came into force on 1st march 2005.
The brussels ii bis regulation which contains uniform rules for jurisdiction, recognition and enforcem. This was not the case under the brussels ii regulation, which only addressed matters of. Ruth lamont doctoral student and tutor, liverpool law school. Divorce and parental responsibility under the brussels ii bis regulation milan, 17 june 2016 9. Matrimonial matters, parental responsibility, child abduction and mutual recognition at the justice and home affairs jha council meeting in brussels on 2 and. Measures relating to the childs property which do not. Having regard to the opinion of the european parliament 2.
The regulation will be applied to cases of parental child abduction within the european union and to the enforcement of orders for contact cases or access within the european union. Clarity and certainty could be lost with brexit, so replication of brussels ii bis within uk law is essential to. This is council regulation ec no 22012003 of the european parliament which has effect from 1st march 2005 the revised brussels ii regulation. View brussels ii bis regulation research papers on academia. Brussels ii regulation ec no 22012003, also called brussels iia or ii bis is a european union regulation on conflict of law issues in family law between member states. The brussels regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the european union eu and the european free trade association efta. Bruksela ii bis pdf brussels ii regulation ec no, also called brussels iia or ii bis is a european union regulation on conflict of law issues in family law between. It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of. It replaces convention council regulation ec no 472000 of 29 may 2000 on the jurisdiction, recognition and enforcement of judgments. The other development under the justice and home affairs pillar of the union relevant to european civil procedure is the socalled brussels ii convention. The preamble clarifies at paragraph 8 that only the dissolution of the matrimonial ties is covered and that ancillary issues such as maintenance or matrimonial property are not included in the regulations substantive scope of application article 1. Unification of judicial practice concerning parental. Developing concepts for european private international family law, journal of private international law, vol.
Choice of forum jurisdictional issues within the uk ii b or not ii b that is the question. Brussels ii regulation ec no 22012003, also called brussels iia or ii bis is a european. Habitual residence and brussels iibis habitual residence and brussels iibis. The regulation applies to cases of international parental child abduction within the eu except denmark and also the enforcement of orders for contact similar to article 21 of the hague convention. The editors would like to thank the authors for their very valuable contributions. The term habitual residence itself is not defined in the regulation. It also occurs in member states laws, which can cause some. Practice guide for the application of the brussels iia. Home about us subject areas contacts about us subject areas contacts. As we celebrate this birthday, the eu legislator has commenced the. I am grateful to sue nott, michael dougan, helen stalford and paul beaumont for their invaluable comments on earlier drafts. The provisions, previously contained within arts 272, 28 and 29 in brussels ii bis, which dealt with applications for a declaration of enforceability, have not been replicated in brussels ii bis recast. The workshop, organised by the policy department upon request by the juri committee, takes place while the european parliament is consulted on the commission proposal to recast the socalled brussels iia regulation. Habitual residence in brussels ii bis hana haladova faculty of law, masaryk university, brno, czech republic abstract in original language in my article im trying to deal with the question of habitual residence in the context of regulation ec no.
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