Cross-Border Proceedings in Family Law Matters before National Courts and CJEU

Feb 1, 2016 - Feb 27, 2018

In its Report of 15 April 2014, the Commission has identified a number of gaps and difficulties arising in application of the BIIaReg. The ‘rush to court’ arising from alternative nature of jurisdictional grounds, absence of the possibility to agree on the competent court and the confusion arising out of Article 6 are only some of drawbacks of the jurisdictional rules in matrimonial matters. Similarly, abundant case law of the CJEU points to shortcomings of procedural framework of the Regulation in matters of parental responsibility. The supplementary provisions to the 1980 Hague Child Abduction Convention and the lack of a provision on a forum necessitatis can be mentioned as examples. The same holds true for provisions on the recognition and enforcement of decisions, especially those rendered in matters of parental responsibility. The research will identify the best practices and provide for guidelines in the application of the BIIaReg. Additionally, it will provide suggestions how to overcome these shortcomings and what role party autonomy can play within that framework.

Topic

International Private Law - Family Law Matters

Objective

Objectives of the project: -to contribute to the correct and consistent implementation of Regulation (EC) 2201/2003 (BIIaReg) concerning divorce and parental responsibilities matters (priority code: BRUSSELSIIa); -to identify difficulties in application of the Regulation experienced by national courts of the Member States; -to identify best practices enhancing the efficiency and consistency in the Regulation's application; -to examine the possibilities of improving the functioning of BIIaReg by suggesting necessary amendments so as to appropriately deal with the difficulties encountered; -to examine whether introducing a certain degree of party autonomy would be a suitable tool to remedy the existing shortcomings and to find the most appropriate approach in accommodating party autonomy in the BIIaReg; -to examine to what extent the legal approaches applied in a number of other private international law instruments regulating family law issues may prove useful when revising the BIIaReg; -to identify how to achieve a greater degree of consistency in EU law-making so as to achieve coherence amongst sources regulating private international law aspects in family law; and -to examine the relevance of Regulation 606/2013 on mutual recognition of protection measures in civil matters applicable from 11 January 2015 with respect to measures requested in legal proceedings in family matters.