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This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction.
The Brussels II bis Regulation which contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility became effective as of 1st March 2005 for 24 Member States of the European Union. This book addresses the impact and application of the new rules in the form of national reports. The authors provide answers to questions such as: What is the impact of the Regulation on national private international law on the one side, and on substantive law, on the other? Does the Regulation mean that changes have to be made in the national systems? Are there any difficulties as regards the consistency of the private international law system? In how far does the Regulation match the substantive law both as regards divorce and parental responsibility? Are there any difficulties as regards the implementation of the Regulation in the national systems? Have any implementing measures been taken? A comparative synthesis of the impact and application of the Brussels II bis Regulation within the European Union and a general introduction into the Europeanisation of private international law in family matters complement the book. As a result it contains the latest update of international family law in Europe.
Enabling power: European Communities Act 1972, s. 2 (2). Issued: 14.02.2005. Made: 07.02.2005. Laid: 09.02.2005. Coming into force: 01.03.2005. Effect: 1973 c. 45; 1980 c. 43; 1981 c. 54; 1985 c. 60; 1986 c. 55; S.I. 1978/1045 (N.I.15); 2001/310, 660 amended. Territorial extent & classification: E/W/NI [parts only to E/W]. General. EC note: These Regs amend certain provisions of domestic law to make it consistent with, and to clarify its relationship to, Council Regulation (EC) no. 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility
The recently recast Council Regulation No 2019/1111 (' Brussels II-ter' ), which came into force in August 2022, is the key EU family law Regulation. It governs jurisdiction, recognition and enforcement in matrimonial matters (principally divorce), matters of parental responsibility (principally, custody and access), and international child abduction. This book provides an in-depth discussion of this complex Regulation. Written by three renowned experts, this comprehensive analysis benefits from the collective scope of their experience and knowledge not only of their jurisdictions (Italy, Sweden and the UK) but also more generally of international family law and private international law. Brussels II-ter: Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU provides not only a clear exposition of the Regulation's provisions, but also supplies a critical evaluation of these, highlighting the undoubted improvements made by Brussels II-ter while simultaneously exploring its more problematic aspects. An exposition of the relationship between the EU and the UK following Brexit concludes this volume.