Part I General and Introductory, 2 International and Territorial Application

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Eu Law ◽  
The European Union ◽  
The Hague ◽  
The Hague Convention ◽  
The Eu

This chapter discusses the scope of the Brussels 2012, Lugano 2007, and the Hague Convention. This is an important issue because if a case is outside their scope, they will not apply. It considers the international and territorial aspects: the rule that the instruments apply only in situations with an international element; and the fact that they apply only to particular territories. All three instruments apply in the European Union as part of EU law. Their territorial scope is, first and foremost, to be determined by looking at the EU Treaties. In the non-EU Parties to Lugano and Hague, the position is different. In those States, the instruments apply by virtue of international law.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

scholarly journals Brexit, Arbitration and Private International Law

2017 ◽  
Vol 10 (5) ◽  
pp. 116
Author(s):  
Ahmed Al-Nuemat ◽  
Abdullah Nawafleh
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Hague ◽  
The Hague Convention ◽  
Domestic Law

The United Kingdom voted to leave the European Union, ending a 40-year relationship. Britain’s exit (Brexit) will no doubt affect European Union private international law, which is currently part of the United Kingdom’s legal system. This article attempts to predict the sort of arbitration and private international law that the United Kingdom will have after its departure from the European Union. The article proposes that European Union private international law could be easily transposed into United Kingdom domestic law. In addition, the United Kingdom enforcement of court decisions in the European Union, after exiting the union and without concluding any further agreement with the union as to how jurisdiction must be allocated, should be achieved through the United Kingdom joining the Hague Convention on Choice of Court Agreements. Finally, the paper concludes that Brexit will increase the use of English law and the specification of England and Wales as the jurisdictions in international commercial contracts because the United Kingdom would no longer be required to incorporate those aspects of European law that can prove problematic.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Part I General and Introductory, 4 Subject-Matter Scope: Civil and Commercial Matters

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Hague Convention ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
Civil Matter

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.

4. International Sources of Law

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Primary Sources ◽  
Eu Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Uk ◽  
International Conventions ◽  
The Eu

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on the European Union and the Treaty on the Functioning of the European Union. Disputes are adjudicated by the Court of Justice of the European Union. Whilst the UK has recently voted to leave the EU, it will not do so for at least two years, meaning EU law will remain part of UK law. The United Kingdom is also a member of the Council of Europe, which has issued a number of international Conventions that impact the English Legal System.

scholarly journals EU Foreign Relations Law as a Field of Scholarship

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 321-325 ◽  
Author(s):  
Joris Larik
Keyword(s):  
European Union ◽  
International Law ◽  
Foreign Relations ◽  
Legal Order ◽  
International Organization ◽  
Eu Law ◽  
The European Union ◽  
External Relations ◽  
Scholarly Attention ◽  
The Eu

EU external relations law is a doubly peculiar field of scholarship that has attracted significant scholarly attention over the last several decades. It is both part of EU law—considered a “new legal order” distinct from international law—and it is concerned with the European Union as a global actor, a “strange animal” in that the EU is neither a state nor a classical international organization.

scholarly journals Article 3(5) TEU a decade on: Revisiting ‘strict observance of international law’ in the text and context of other EU values

2021 ◽  
pp. 1023263X2110151
Author(s):  
Rupert Dunbar
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Balanced Approach ◽  
Court Of Justice ◽  
External Relations ◽  
Domestic Courts ◽  
The Eu

Article 3(5) of the Treaty on the European Union concerns EU external relations and was a new provision of the Lisbon Treaty. It has been seized upon by scholars for its reference to ‘strict observance of international law’ by the EU in its relations with the wider world. However, recent case law in the Court of Justice of the European Union has demonstrated little movement towards this supposed ideal. This article supports the fact that rigid and unquestioning adherence to international law has not emerged in case law, particularly as Article 3(5) TEU also mandates that the Union ‘uphold and promote its values and interests’. By taking a broader view of both the text and context of Article 3(5) TEU in EU law as a whole, and through consideration of the limited demands international law places on domestic courts, the article argues that – contrary to current literature – a more expressly balanced approach towards respect for international law is required and should be nurtured in the case law.

scholarly journals Pojęcie współmałżonka w prawie unijnym – uwagi na tle orzeczenia w sprawie Coman (C‑673/16)

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 103-117
Author(s):  
Ewa Kamarad
Keyword(s):  
European Union ◽  
International Law ◽  
Mutual Recognition ◽  
Private International Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Right ◽  
First Time ◽  
The Eu

The Term ‘Spouse’ in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16) The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term ‘spouse’ for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

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