The paper addresses the EU competence in civil judicial cooperation by selecting the topic of parental responsibility matters, currently governed by Regulation No. 2201/2003 (Brussels IIbis Regulation). In particular, it focuses on the provisions that define the scope of application of this instrument, which are particularly relevant as a direct consequence of the sectoral nature of the competence conferred to the EU in this field, and it carries out a practice-oriented analysis on the basis of CJEU and national case law. In addition, specific mention is made to two significant developments that affect the application of the Regulation: on the one hand, the adoption of the new Brussels IIter Regulation on 25 June 2019; and on the other hand, the impact of the withdrawal of the UK from the EU.

EU instruments of civil judicial cooperation in matters of parental responsibility: considerations on competence and scope

Danieli, Diletta
2020-01-01

Abstract

The paper addresses the EU competence in civil judicial cooperation by selecting the topic of parental responsibility matters, currently governed by Regulation No. 2201/2003 (Brussels IIbis Regulation). In particular, it focuses on the provisions that define the scope of application of this instrument, which are particularly relevant as a direct consequence of the sectoral nature of the competence conferred to the EU in this field, and it carries out a practice-oriented analysis on the basis of CJEU and national case law. In addition, specific mention is made to two significant developments that affect the application of the Regulation: on the one hand, the adoption of the new Brussels IIter Regulation on 25 June 2019; and on the other hand, the impact of the withdrawal of the UK from the EU.
2020
EU civil judicial cooperation, parental responsibility, Regulation No. 2201/2003, scope of application
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/1018615
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