Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation
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.
Study
External author
Justin Borg-Barthet (University of Aberdeen, the United Kingdom)
About this document
Publication type
Keyword
- Belgium
- case law (EU)
- case-law
- drafting of EU law
- economic geography
- England
- Europe
- European construction
- EUROPEAN UNION
- European Union law
- family
- GEOGRAPHY
- Germany
- interpretation of the law
- Italy
- judicial cooperation in civil matters in the EU
- jurisdiction
- LAW
- matrimonial law
- organisation of the legal system
- Poland
- political geography
- regions of EU Member States
- SOCIAL QUESTIONS
- sources and branches of the law
- Wales