EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 16: Matrimonial Proceedings

Peter Stone

Subjects: law - academic, european law, private international law

Extract

INTRODUCTION The Community Legislation The jurisdiction of the courts of the EC Member States to entertain matrimonial proceedings, and the recognition between Member States of matrimonial decrees, is now governed by EC Regulation 2201/2003 concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility (‘the Brussels IIA Regulation’).1 This Regulation became applicable on 1st March 20052 between the twenty-four Member States other than Denmark.3 Matrimonial jurisdiction and decrees had previously been regulated by EC Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Brussels II Regulation’),4 which had entered into force for the fourteen pre-2004 Member States other than Denmark5 on 1st March 2001, and for the ten additional Member States on 1st May 2004.6 As from 1st March 2005 the Brussels IIA Regulation has repealed and replaced the Brussels II Regulation.7 But, as regards matrimonial For its text, see [2003] OJ L338/1. See Article 72. For transitional provisions, see Article 64. For the exclusion of Denmark, see Recital 31 and Article 2(3). Provisions ancillary to the Regulation have been made in England by the European Communities (Matrimonial Jurisdiction and Judgments) Regulations 2001 (SI 2001/310), and the European Communities (Jurisdiction and Judgments in Matrimonial and Parental Responsibility Matters) Regulations 2005 (SI 2005/265); and in Scotland by the European Communities (Matrimonial Jurisdiction and Judgments) (Scotland) Regulations 2001 (SSI 2001/36), and the European Communities...

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