Consultation on the functioning of the Brussels IIa Regulation (EC 2201/2003)

Policy field(s)… Civil Justice / 18/07/2014 (Final consulta)

Who can reply to this consultation? All citizens, organisations and public authorities are welcome to contribute to this consultation 

Period of consultation: From 15 April 2014 until 18 July 2014

Purpose of the consultation.

Disputes on family matters have increased in the EU due to the growing mobility of citizens and the rising number of international families, notably families whose members are of different nationalities, live in different EU countries or live in an EU country of which one or more of them are not nationals.

The Brussels IIa Regulation  (hereafter "the Regulation") is the cornerstone of European Union (hereafter "the EU") judicial cooperation in matrimonial matters and matters of parental responsibility. The Regulation applies since 1 March 2005 in all EU countries except Denmark.

The Regulation determinates in cross-border situations the responsible court for spouses who want to divorce, separate or annul their marriage. In relations between children and their parents, whether they are married or not, the Regulation determines the responsible court to settle parental responsibility disputes including custody and visiting rights, primarily aiming at the protection of the best interests of the child. In cases of cross-border parental child abduction the Regulation makes available a procedure to return the child to the place of his or her habitual residence.

In addition, the Regulation prevents parallel proceedings before the courts of different EU countries and aims at ensuring the free circulation of judgments, authentic instruments or agreements, based on the mutual trust among EU countries.

The Commission has recently launched a review of the functioning of the Regulation. To this end, it has published a report on its application. The results of the present consultation will feed an overall assessment of the instrument.
 Reference document: COUNCIL REGULATION (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000

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