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.

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.

Treatment of Enemy Aliens

1919 ◽  
Vol 13 (1) ◽  
pp. 22-59 ◽  
Author(s):  
James W. Garner
Keyword(s):  
Public Policy ◽  
International Law ◽  
Hague Convention ◽  
Municipal Law ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

English and American Doctrine and Practice. The question of the right of enemy subjects to sue in the courts of an adversary can hardly be said to be regulated by international law, unless the muchcontroverted Article 23(h) of the Hague Convention of 1907 respecting the laws and customs of war on land, is interpreted to apply to the actions of the judicial authorities. Certainly it is not true, as is sometimes asserted, that it is a principle of international law that they have no right of access to the courts of the adverse power. Like the practice in respect to trading with the enemy the matter is determined by the municipal law of each belligerent and is based upon considerations of public policy.

scholarly journals EL nuevo Reglamento (UE) 2019/1111: análisis de las mejoras en las relaciones con el Convenio de la Haya de 19 de octubre de 1996 sobre responsabilidad parental = The new Regulation (EU) 2019/1111: analysis of the improvements in the relations with the Hague Convention of 19 october 1996 about parental responsibility

2020 ◽  
Vol 12 (1) ◽  
pp. 97
Author(s):  
Beatriz Campuzano Díaz
Keyword(s):  
European Union ◽  
Hague Convention ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Hague Convention ◽  
Two Bodies

Resumen: En materia de responsabilidad parental, el Reglamento 2201/2003 tiene que aplicarse conjuntamente con el Convenio de La Haya de 1996, en el que la Unión Europea ha decidido participar. La coordinación de estos dos instrumentos internacionales ha resultado difícil, en relación particularmente con las normas de competencia judicial internacional. Uno de los objetivos del nuevo Reglamento 2019/1111 ha sido solventar este problema, con la adición de un nuevo párrafo al precepto dedicado a regular las relaciones con el Convenio de La Haya del 96 (art. 61 del Reglamento 2201/2003, ahora art. 97 del Reglamento 2019/1111), que es objeto de análisis en el presente estudio.Palabras clave: Reglamento 2019/1111, Convenio Haya 1996, Coordinación, normas de competencia judicial internacional.Abstract: In parental responsibility issues, Regulation 2201/2203 has to be applied in conjunction with the 1996 Hague Convention, in which the European Unión has decided to participate. The coordination of these two bodies of international rules has shown to be difficult, particularly in relation with the jurisdiction rules. One of the objectives of new Regulation 2019/1111 is to solve this problem, with the addition of a new paragraph to the article dedicated to regulate the relations with the 1996 Hague Convention (art. 61 of Regulation 2201/2003, now art. 97 of Regulation 2019/1111), which is analysed in this study.Keywords: Regulation 2019/1111; 1996 Hague Convention; Coordination; Jurisdiction rules.

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.

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