Judicial rules and cooperation in family matters (recast of Brussels IIa Regulation)

These Briefings are prepared by the Ex-Ante Impact Assessment Unit of the European Parliament for the relavent EP Committee(s) examining the European Commission proposal. The Briefing analyses whether the principal criteria laid down in the Commission’s own Better Regulation Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee(s) and Members of the European Parliament more widely in their work.The unusual approach of splitting the Impact Assessment(IA) into separate headings helps to keep track of the complexity of the discussion, which involves intricate legal notions and arguments. Overall, the IA seems to provide a good qualitative analysis. The quantitative analysis seems to have been limited by the lack of available data, and this is especially felt in the assessment of the impacts that the proposed options may have.

The IA appears to be very attentive to the concern about the political feasibility of the preferred options and strives to strike a balance between what is necessary to address the problematic issues identified in the evaluation of the Regulation and what is likely to garner the necessary unanimity within the Council.

• Primary Source

EP: EPRS: Briefing: Implementation Appraisal: Ex-ante Impact Assessment http://www.europarl.europa.eu/thinktank/en/search.html?policyAreas=EXIMAS

ESO: Background information: Recasting the Brussels IIa Regulation - Workshop on 8 November 2016 - Compilation of Briefings http://www.europeansources.info/record/recasting-the-brussels-iia-regulation-workshop-on-8-november-2016-compilation-of-briefings/

ESO: Background information: Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) http://www.europeansources.info/record/proposal-on-jurisdiction-the-recognition-and-enforcement-of-decisions-in-matrimonial-matters-and-the-matters-of-parental-responsibility-and-on-international-child-abduction-recast/

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