Brussels II Regulation (EC) No /, also called Brussels IIA or II bis is a European Union Regulation on conflict of law issues in family law between. Praktyczny przewodnik dotyczący stosowania rozporządzenia Bruksela II bis. Front Cover. Publications Office, – 93 pages. The Brussels II Regulation Council Regulation (EC) No / 0f 27 November (Brussels II Regulation ). concerning jurisdiction and the.
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Matrimonial and parental judgments: Tell us what you think about the summaries! A single legal instrument to help international couples resolve disputes, involving more than one country, over their divorce and the custody of their children. It does not deal with substantive family law matters.
These are the responsibility of individual EU countries. The Regulation applies to civil law cases involving more than one country that relate to:. There is no general rule on jurisdiction in matrimonial matters.
Such matters generally come under the jurisdiction of the courts in the EUcountry where the child usually lives. If it is impossible to establish where a child usually bus as in the case of refugeesthe EU country where the child is present automatically assumes jurisdiction.
The Regulation also lays down rules to settle cases in which children are unlawfully removed or kept.
EUR-Lex – R – EN – EUR-Lex
The courts of the EU country where the child normally lived immediately before abduction continue to have jurisdiction until the child lives mainly in another EU country.
Under the Regulation, any EU country must automatically recognise judgments given in another EU country on matrimonial and parental responsibility matters.
Recognition can be refused if, for example:. For judgments concerning parental responsibility, recognition can also be refused if:. A judgment on the bus of parental responsibility enforceable in the EU country where it was issued can be enforced in another EU country when it has been declared enforceable there at the request of any interested party.
However, no declaration is required for judgments granting rights of access or concerning the return of a child that have been certified by the original judge in accordance with the Regulation. Cooperation between central authorities in parental responsibility cases.
Each EU country designates a central authority or more than one whose duties include:. Central nis meet regularly as members of the European Judicial Network in civil and commercial matters. As a general rule, this regulation replaces existing conventions on the same matters involving 2 or more EU countries.
Bruksela I bis
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