Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation

30-06-2016

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.