engleski

EUFam ’ s Policy Guidelines

Currently, the European legislation on family matters is spread out over multiple Regulations that regulate in a fragmentary, yet interconnected, manner relationships of a different nature. The situation gets more complicated with the multilateral agreements previously acceded to by Member States. Recently such agreements which fall into the external competence are adopted directly by the EU. The multitude of Regulations applicable to family matters and the number of variables they put forth in relation to both the grounds of jurisdiction and the applicable law, as well as the mechanisms for recognition and enforcement of foreign judgments, pave the way to several coordination problems. When spouses file for a divorce, the court will therefore have to determine its jurisdiction based on the Brussels IIa Regulation, but the court might also have to apply other European instruments or even national private international law, in order to establish jurisdiction for any other (related) claim.The chances of multiplication of potential fora are further emphasised by the CJEU case law. The piecemeal approach of the European legislation may result in multiple courts simultaneously hearing cases concerning the same parties and essentially the same issues. Beside this example, a few other issues have been encountered in the case law. This chapter is divided into two parts: 1. Cross-cutting issues, dealing with some issues regarding aspects related to all EU family law instruments. 2. Specific issues regarding the existing legal tools, focusing on problems encountered in the EUFam ’ s survey. Each issue is analysed by assessing the problem, formulating a policy recommendation, and, possibly, proposing an article amendment.

civil justice policy ; family matters

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