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. What we should not expect from a recast of the brussels iibis. The brussels ii bis regulation contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility. We are glad to share the agenda of the international conference diritto europeo della famiglia. European ejustice portal brussels i regulation recast. Eu regulation 22012003 brussels ii bis has been in force for ten years. Regulation eu no 12152012 of the european parliament and. Council regulation ec no 22012003 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 472000. The brussels ii regulation of 2001, later amended by brussels ii bis see also the practice guide for the application of the new brussels ii regulation. Our comment on the brussels i regulation takes, as a starting point, the explanation given in the proposal for a council regulation ec on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters com990348 final cns 990154 oj c 376 e, 28121999 p. Council regulation ec no 22012003 0f 27 november 2003 brussels ii regulation 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing regulation ec no 472000.
Practice guide for the application of the brussels iia. Subject to this regulation, persons domiciled in a member state shall, whatever their nationality, be sued in the courts of that member state. In this regulation, the term member state shall mean member states with the exception of denmark. Regulation 12152012 seeks to facilitate access to justice, in particular by providing the rules on the jurisdiction of the courts and the rules on a rapid and simple recognition and enforcement of judgments in civil and commercial matters given in the member states the regulation replaces regulation 442001 the brussels i regulation which, however, continues to apply. Regulation for the construction of buildings at the new road between the rue du. View brussels ii bis regulation research papers on academia. Review of the council regulation 22012003 brussels ii bis. This book addresses the impact and application of the new rules in the form of national reports.
Brussels ii revised regulations the custody minefield. As we celebrate this birthday, the eu legislator has commenced the. Nov 18, 20 the brussels ii regulation of 2001, later amended by brussels ii bis see also the practice guide for the application of the new brussels ii regulation. Our comment on the brussels i regulation takes, as a starting point, the explanation given in the proposal for a council regulation ec on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters com990348 final cns 990154. Since 10 january 2015, the recast brussels i regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters applies regulation eu no 12152012. The recognition of foreign divorces in ireland is governed by two principle pieces of legislation. Application of articles 6 and 7 of the brussels iibis regulation. Review of the council regulation 22012003 brussels ii. Brussels ii is regulation ec no 472000, in force on 1 march 2001, on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. Regulation brussels ii bis applies in civil matters relating to divorce, legal separation or marriage annulment.
Council regulation ec no 22012003 of 27 november 2003. 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. Brussels iibis regulation european commentaries on private international law. Regulation eu no 12152012 of the european parliament. Outline of the lecture european civil procedure in cross border family matters setting the scene regulation 22012003 brussels ii bis. Pdf eu regulation 22012003 brussels ii bis has been in force for ten years. It replaces the current version of the brussels i regulation regulation ec no 442001.
In that regulation article 25, the expression of consent with choice of court must take one of thee forms. Questions of interpretation of the brussels regulation are subject to the jurisdiction of the european court of justice. The brussels ii regulation article 20 br ii enables a court to take provisional, including protective, measures in accordance with its national law in respect of a child situated on its territory even if a court of another member state has jurisdiction as to the substance of the application. 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.
Strossmayer university of osijek 2 this project is funded by the european union. Le reglement ce n22012003 du conseil du 27 novembre 2003, dit bruxelles ii bis. The regulation replaces regulation 442001 the brussels i regulation which, however, continues to apply to proceedings instituted before regulation 12152012 comes into application on 10 january 2015 for further details see article 66 of regulation 12152012. The domicile and recognition of foreign divorces act, 1986 and 2. 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. The brussels ii regulation 2003 brechts european civil law. A judgement given after 1 march 2005 shall be recognised and enforced in accordance with the provisions of chapter iii of the brussels ii regulation 2003 if jurisdiction was founded on rules which accorded with those provided for either in chapter ii of the new brussels ii regulation 2003 or in the old brussels ii regulation 2000 no 472000.
Apr 26, 2017 we are glad to share the agenda of the international conference diritto europeo della famiglia. Brussels ii bis, the recognition of a judgment and. Information on access to judicial systems, collective redress, mediation and legal aid. Notice to stakeholders21 november 2017justice and consumers. Parental responsibility and international child abduction. 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. Professors ilaria viarengo and carlo rimini eufams milan team, and professor maria caterina. The basic principle is that the court in the member state of the party that gets sued has jurisdiction, while other grounds exist, which are diverse in content and scope. The brussels regulation applies exclusively to civil and commercial matters. The courts having jurisdiction under this regulation will generally have jurisdiction to rule on maintenance obligations by application of article 52 of council regulation no 442001. This paper will focus on analysing the commissions proposed changes to the brussels iia regulation relevant to parental responsibility and international parental child abduction in light of recent research project findingsour.
Jurisdiction, recognition and enforcement of judgments in. Brussels iibis regulation european commentaries on private. The regulation applies between all member states of the european union including. 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. Parentale appele bruxelles ii bis a ete adopte le 22 novembre. This is an expression of the fact that the jurisdictional rules of the brussels i regulation do. The brussels ii regulation 2003 european civil law. The enforcement procedure itself is governed by the national law of the member state in which enforcement is sought. Brussels ii bis regulaton brussels iia 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. Jan 28, 2015 on 12 december 2012, regulation eu no 12152012 of the european parliament and of the council on jurisdiction and the recognition and enforcement.
Advocate general wathelet delivered on 16 june 2016 his opinion in case c. Article 35 states that courts of one member state may give provisional, including protective, measures although courts in another member state have jurisdiction as to the substance of the matter. The brussels i regulation still would confer jurisdiction on the dutch court pursuant to article 2 of that regulation, whereas article 22, under point 1, of the brussels i regulation, which as well grants exclusive jurisdiction to the courts of the member state where the involved real estate is located, only has effect when both parties, the. The status of eu law such as the brussels iia regulation in the uk after brexit is unclear. The 1988 lugano convention became applicable to poland on 1 february 2000. What is brussels iia and its effect on domestic law. 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.
Brussels ii ter proposal published european civil justice. The court of justice delivered on 19 november 2015 its judgment in case c. It illuminates how much of an improvement the brussels i recast is and draws a comparison between the current and the. Brussels iia regulation terminology iate terminology. Jun 30, 2016 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 race to the court in the light of the brussels i recast. It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. The brussels regulation applies to disputes between individuals from different member states of the european union eu.
It replaces convention council regulation ec no 472000 of 29 may 2000 on the jurisdiction, recognition and enforcement of judgments. Therefore, since the presentation of a proposal in 2006 for the amendment of the parallel brussels iibis regulation concerning jurisdiction in matrimonial matters,4 the european commission has. Convention first and then the brussels i regulation, subject to whether or not the defendant was domiciled in a member state. Council regulation ec no 22012003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters. It replaces convention council regulation ec no 472000 of 29 may 2000 on the. Brussels iia, also known as brussels iir or brussels ii bis, is shorthand for. Jurisdiction under the brussels i regulation wikipedia. Brussels iibis regulation european commentaries on private international law magnus, ulrich, mankowski, peter on. The brussels i regulation contains a jurisdictional regime. Regulation as last amended by commission regulation ec no 14962002 oj l 225, 22. Brussels ii bis ec no 22012003 rome i ec no 5932008 rome ii ec no 8642007 rome iii eu no 12592010 rome iv in draft and ex brussels iii com 2001 126 20010059 maintenance obligations regulation and 2007 hague protocol ratified but not in force. Therefore, since the presentation of a proposal in 2006 for the amendment of the parallel brussels ii bis regulation concerning jurisdiction in matrimonial matters,4 the european commission has. Brussels ii bis regulation research papers academia. 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.
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