Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction

Summary:

Council Regulation of 25 June 2019 concerning judicial cooperation in matrimonial matters and matters of parental responsibility, with emphasis on the rights of the child.

Further information:

This Regulation is a recast of Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa Regulation). The changes to the existing legislative framework relate in particular to the efficiency of procedures in the event of cross-border abductions of children by one of the parents. The Regulation also emphasises that care should be taken that the child is heard and can express its opinion in all proceedings concerning the child.

Following a review of the Brussels IIa Regulation in 2014, the European Parliament's plenary session of 28 April 2016 backed a non-binding resolution on protecting the rights of children in parental custody disputes and adoption decisions. On 30 June the European Commission adopted a proposal to amend the Regulation. The Parliament adopted its opinion on the draft proposal on 18 January 2018.

Background:

The Brussels IIa Regulation is the cornerstone of judicial cooperation in family matters in the European Union. It establishes uniform jurisdiction rules for divorce, separation and the annulment of marriage as well as for disputes about parental responsibility in cross-border situations. It facilitates the free circulation of judgments, authentic instruments and agreements in the Union by laying down provisions on their recognition and enforcement in other Member States. It applies since 1 March 2005 to all Member States except Denmark.

Ten years after the entry into application of the Regulation, the Commission assessed its operation in practice and considered necessary amendments to the instrument in its report adopted in April 2014. This was an initiative within the Regulatory Fitness Programme (REFIT). In addition, the European Court of Justice (CJEU) rendered a number of judgments concerning the interpretation of the Regulation which were taken into account.

While the Regulation is overall considered to work well, the consultation of stakeholders and a number of studies revealed several deficiencies in its operation which should be remedied. Between the two areas covered by the Regulation, the matrimonial and parental responsibility matters, the latter were identified to have caused acute problems which needed to be addressed urgently.

• Primary Source

Commentary and Analysis

EPRS: Plenary at a Glance, January 2018: Recast of the Brussels IIa Regulation http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA(2018)614651

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Official

EUR-Lex: COM(2016)411: Proposal for a Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:411:FIN

EUR-Lex: SWD(2016)207: Impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:207:FIN

EUR-Lex: SWD(2016)208: Executive summary of the impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:208:FIN

European Parliament: Legislative Observatory: Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility; international child abduction (recast) http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2016/0190(CNS)

European Parliament: Legislative Train: Matrimonial matters and matters of parental responsibility – Brussels IIa revision (REFIT) http://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-matrimonial-matters-matters-of-parental-responsibility-%E2%80%93-brussels-iia-revision

European Commission: Press Release, 30/06/2016: Commission proposes new rules to better protect children in cross-border family proceedings http://europa.eu/rapid/press-release_IP-16-2351_en.htm

European Commission: Fact Sheet, 30/06/2016: The proposed new rules of the Brussels IIa Regulation [Q&A] http://europa.eu/rapid/press-release_MEMO-16-2359_en.htm

European Parliament: Press Release, 18/01/2018: Better protection of children in international divorce disputes http://www.europarl.europa.eu/news/en/press-room/20180112IPR91636/

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