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

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.