7

rezultat(e)

Cuvânt (cuvinte)
Tipul publicației
Domeniul tematic
Autor
Cuvânt-cheie
Data

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.

CIA renditions and secret detention programme

02-06-2016

The CIA's extraordinary rendition and secret detention programme has again come under the scrutiny of the European Parliament, which will ask the Commission and the Council during the June plenary about the measures taken to implement Parliament's recommendations on the matter.

The CIA's extraordinary rendition and secret detention programme has again come under the scrutiny of the European Parliament, which will ask the Commission and the Council during the June plenary about the measures taken to implement Parliament's recommendations on the matter.

Brussels IIa: Towards a Review

15-09-2015

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies ...

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies to family disuptes with a cross-border dimension, for instance when the family breaks up, and in particular in relation to children. The note includes a selected bibliography.

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.

Autor extern

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

Illegal removal of children: Brussels II a and the Hague Convention

30-11-2010

This report focuses on the Brussels II bis Regulation as the basis for EU provisions dealing with the illegal removal of children. It highlights recent Court of Justice cases of note and gives the perspective from the jurisdiction of England and Wales.

This report focuses on the Brussels II bis Regulation as the basis for EU provisions dealing with the illegal removal of children. It highlights recent Court of Justice cases of note and gives the perspective from the jurisdiction of England and Wales.

Autor extern

Ms Christina Blacklaws, Solicitor, Blacklaws Davis LLP, Chair of the Legal Affairs and Policy Board, Law Society of England and Wales Ms Julia Bateman, Head of Joint Law Societies Brussels Office

The Response of the EU and its Member States to Child Trafficking and Abduction : Improving Protection and Promoting Children’s Rights

15-01-2010

This briefing paper aims to provide information in relation to the phenomenon of child trafficking and abduction into, out of and within member states for the purpose of their abuse and exploitation. In particular the paper is directed towards child-specific considerations in relation to measures against trafficking, with particular regard to the Council of Europe Convention on Action Against Trafficking and the Treaty of Lisbon. It looks at such matters as statistical prevalence and data gathering ...

This briefing paper aims to provide information in relation to the phenomenon of child trafficking and abduction into, out of and within member states for the purpose of their abuse and exploitation. In particular the paper is directed towards child-specific considerations in relation to measures against trafficking, with particular regard to the Council of Europe Convention on Action Against Trafficking and the Treaty of Lisbon. It looks at such matters as statistical prevalence and data gathering, provisions in European member states for the identification and protection of child victims of trafficking and abduction; identifies examples of good practice in law, policy and practice; makes recommendations to further combat child trafficking and abduction and from a children’s rights perspective looks at the improvement of protection and rehabilitation measures for child victims, children’s access to justice and safeguarding measures as witnesses in legal proceedings connected to these abuses.

Autor extern

Syd Bolton (Independent Children's Law and Policy Consultant, United Kingdom) Under the coordination of the Justice and Home Affairs Section of the Centre for European Policy Studies (CEPS)

Evenimente viitoare

30-11-2020
EPRS online Book Talk | How to own the room (and the zoom) [...]
Alt eveniment -
EPRS
30-11-2020
Hearing on Future-proofing the Tourism Sector: Challenges and Opportunities Ahead
Audiere -
TRAN
30-11-2020
LIBE - FEMM Joint Hearing: Combating Gender based Violence: Cyber Violence
Audiere -
FEMM LIBE

Parteneri