Naslov
New Trends in European Family Procedural Law

Autori
Drventić, Martina

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Procedural Aspects of EU Law: EU and Comparative Law Issues and Challenges Series 1 (ECLIC 1) / Duić, Dunja ; Petrašević, Tunjica - Osijek : Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, 2017, 424-446

ISBN
978-953-8109-16-4

Skup
Jean Monnet International Scientific Conference "Procedural Aspects of EU Law"

Mjesto i datum
Osijek, Hrvatska, 06.04.2017. - 07.04.2017

Vrsta sudjelovanja
Ostalo

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
jurisdiction ; enforcement ; declaration of enforceability ; Brussels IIbis Regulation Recast ; Child and Family Agency vs. J.D

Sažetak
The system of the European family procedural law is based on the multiple cross-border in-stitutes which are developing gradually. It represents a complex system of many interrelated regulations directly regulating the cross-border family relations, through which European legis-lator seeks to equalize, where possible, or to connect the rules on jurisdiction and recognition, declaration of enforceability and enforcement. Also, speaking about the legal sources of the European family procedural law it is necessary to signify the interpretative power of the Euro-pean Court of Justice. This paper will discuss present actuality – the Brussels IIbis Regulation Recast, respectively the Proposal COM (2016) 411/2 published by the European Commission on 30 July 2016. The proposal, in major, predicts changes regarding the rules of jurisdiction, provisional and protective measures and enforcement rules, and also introduces the new rules on incidental questions, right of the child to express his views and new rule on concentration of local jurisdiction. However, it is inevitable to raise the issue whether some other provision required changes in terms of additional explanation, referring to the rules on the transfer of jurisdiction, in the light of the new CJEU ruling in the case Child and Family Agency vs. J.D.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA