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 / D. Danieli. - In: RIVISTA DELLA COOPERAZIONE GIURIDICA INTERNAZIONALE. - ISSN 1129-2113. - 23:64(2020), pp. 85-101. [10.4399/9788825533200-6]
EU instruments of civil judicial cooperation in matters of parental responsibility : considerations on competence and scope
D. Danieli
2020
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.Pubblicazioni consigliate
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