8

resultat(er)

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The Future Relationship between the UK and the EU following the UK’s withdrawal from the EU in the field of family law

23-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should happen to family law cooperation after Brexit in terms of legal certainty, effectiveness and coherence. It also reflects on the possible impact of the departure of the UK from the EU on the further development of EU family law. Finally, it offers some policy recommendations on the topics under examination.

Ekstern forfatter

Marta REQUEJO ISIDRO, Senior Research Fellow, Max Planck Institute Luxembourg/Altair Asesores, Tim AMOS, Barrister, Collaborative Lawyer and Resolution Mediator/Altair Asesores, United Kingdom Pedro Alberto DE MIGUEL ASENSIO, Professor, Complutense University of Madrid/Altair Asesores, Spain Anatol DUTTA, Professor, Ludwig Maximilians University of Munich/Altair Asesores Mark HARPER, Partner at Hughes Fowler Carruthers, Academy Court, United Kingdom/Altair Asesores

Brussels IIa: Towards a Review (2) - Main Recommendations from External Experts to the European Parliament

08-06-2016

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission ...

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission “Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)”. The recommendations do not represent the views of the European Parliament or the Policy Department, nor can they prejudge the position of the European Parliament.

Cross-border Placement of Children in the European Union

25-05-2016

This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of Brussels IIa, the ...

This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of Brussels IIa, the study sets out recommendations to remedy some of the weaknesses, such as clarifying the respective tasks of the Member States involved in cross-border placement cases and facilitating the recognition and enforcement of cross-border placement orders.

Cross-border parental child abduction

30-01-2015

When families break down, some parents resort to unlawful child abduction, taking their child abroad without the consent of the other parent. Seeking legal remedy is often complex and frustrating because of the different jurisdictions involved. The 1980 Hague Convention is the main international instrument in this area, and now has 93 participating states, including all EU Member States.

When families break down, some parents resort to unlawful child abduction, taking their child abroad without the consent of the other parent. Seeking legal remedy is often complex and frustrating because of the different jurisdictions involved. The 1980 Hague Convention is the main international instrument in this area, and now has 93 participating states, including all EU Member States.

Cross-border Parental Child Abduction in the European Union

30-01-2015

Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful ...

Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful removal of a child, which results in the reversal of the balance previously settled in a judicial decision for the exercise of parental rights. A judicial “fast track” through the “automatic” enforcement of foreign decisions on return prescribed by EU Regulation 2201/2003 can be said to have improved the regime of the existing Hague Convention on Child Abduction. In turn, case law shows that when child abduction takes the form of an “illegal transfer of a child’s primary residence abroad” by the primary care-giver, national courts tend to explore more in-depth the “best interests of the child”. The development of appropriate structures of mediation in order to organise the transfer of a child’s residence abroad with one of the parents should prevent “abductions” and improve, in most cases, the relationship between the parents having joint responsibility for the child. In addition to a preventive mediation scheme, a remedial mediation scheme is proposed. If, despite the preventive and remedial mediation schemes, a request return is brought to court in complex situations, it is important to avoid contradictory decisions by the EU judges in the jurisdiction of the present and the former place of residence of the child and to allow careful analysis of the overall situation of the child. To this end, a “joint-decision” reached through the active cooperation of specialised national courts within the EU is proposed. This involves special judicial training – with language and intercultural skills – for international family disputes.

Ekstern forfatter

Lukas HECKENDORN URSCHELER; Ilaria PRETELLI; John CURRAN; Karen Topaz DRUCKMAN; Stéphanie De DYCKER; Josef SKALA; Henrik WESTERMARK; Johanna FOURNIER; Aisling PARKES; Alberto ARONOVITZ; Stéphanie De DYCKER; Azuolas CEKANAVICIUS; Tamas DEZSO ZIEGLER; Ian CURRY-SUMNER; Andreas FÖTSCHL and Aladar SEBENI - SICL

The current state of family mediation in the European Union

30-11-2010

This note traces the development of family mediation in the European Union and the existing opportunities in the light of the Mediation Directive and other European provisions to render this amicable means of solving disputes more effective for the benefit of the users and society in general.

This note traces the development of family mediation in the European Union and the existing opportunities in the light of the Mediation Directive and other European provisions to render this amicable means of solving disputes more effective for the benefit of the users and society in general.

Ekstern forfatter

Maria da Conceição Oliveira Lawyer, Mediator, Council of Europe expert

The parental responsibility, child custody and visitation rights in cross-border separations

15-07-2010

Divorces or separations classed as "cross-border" (parents of different nationalities or leaving in different Member States) lead to very complicated legal situations, notably regarding the relationship between the parents and the children of these former couples. An in-depth analysis of the national situations has been conducted in 6 Member States (France, Germany, Spain, UK, Sweden and Poland). In order to comprehend the breadth and types of problems connected to a cross-border separation of parents ...

Divorces or separations classed as "cross-border" (parents of different nationalities or leaving in different Member States) lead to very complicated legal situations, notably regarding the relationship between the parents and the children of these former couples. An in-depth analysis of the national situations has been conducted in 6 Member States (France, Germany, Spain, UK, Sweden and Poland). In order to comprehend the breadth and types of problems connected to a cross-border separation of parents, various series of information has been collected and analysed for each of these Member States: available statistical data, international and European legal frameworks; national legislations and practices essentially linked to parental responsibility. Even though progress has been made thanks to the quoted legal instruments, notably the Regulation Brussels IIa, some difficulties of interpretation and implementation together with some gaps have been identified. Several actions may be recommended to enable cross-border separation in the European Union to be dealt more efficiently, notably in terms of mediation and international judicial cooperation.

Ekstern forfatter

Institut suisse de droit comparé (ISDC) - Lausanne, Suisse

The Impact of the Increasing Numbers of Same-Sex Marriages or Legally Recognized Partnerships on Other Legal Domains, Such as Property Rights and Divorce Law

03-09-2007

Many EU Member States have introduced specific provisions on same-sex marriages and registered partnerships that grant to homosexual couples a number of rights that differ according to certain patterns, depending upon the degree of differentiation from opposite-sex couples. While the effect on the personal status, the personal relationship and the property regime within the same-sex couple is often the same as in heterosexual relationships, the rights arising from the relationship between the couple ...

Many EU Member States have introduced specific provisions on same-sex marriages and registered partnerships that grant to homosexual couples a number of rights that differ according to certain patterns, depending upon the degree of differentiation from opposite-sex couples. While the effect on the personal status, the personal relationship and the property regime within the same-sex couple is often the same as in heterosexual relationships, the rights arising from the relationship between the couple and their children (either biological or adopted) vary considerably. The same applies to the dissolution of the marriage or partnership, and the conditions and consequences thereof. States that recognise the validity of same-sex marriages and registered partnerships have adopted special conflicts of laws provisions on jurisdiction and the recognition of decisions and on the law applicable to such relationships in order to grant also to non-nationals the possibility to celebrate a marriage or conclude a registered partnership with a same-sex partner and to reduce the consequences of the non-recognition of such couples abroad.

Ekstern forfatter

Stefania Bariatti (Université de Milan, Italy), Carola Ricci (Université de Milan, Italy) and Laura Tomasi (Université de Milan, Italy)

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