Lawyer, Vol. 53 No. 105, 2019.
Professional paper
Jurisdiction in divorce proceedings under the Brussels II bis Regulation
Nikolina Ninić
orcid.org/0000-0001-8708-1672
; Faculty of Law University of Rijeka, Rijeka, Croatia
Abstract
Regulation Brussels II bis, or by official name The Council Regulation (EC) No. 2201/2003 of 27 November 2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No. 1347/2000 is a legal instrument of the European Union which courts of Member States (except Denmark) are obliged to apply directly in all cases of an internationally characterized marital dispute that falls within the scope of the Regulation. Jurisdiction is determined by section 1 (Jurisdiction in matrimonial cases) and by section 3 (Common provisions) of chapter II. (Jurisdiction). This paper analyzes in detail the provisions of the aforementioned sections, that is, the criteria for establishing general jurisdiction, special and residual jurisdiction, with particular reference to the concepts of habitual residence and citizenship, and the provisions governing seising of a Court, examination as to jurisdiction, examination as to admissibility, lis pendens, and provisional, including protective, measures. The analysis is accompanied by the case law of the Court of Justice of the European Union and the practice of the courts of the Member States in the application of the Regulation.
Keywords
European private international law; jurisdiction; matrimonial matters; divorce; legal separation
Hrčak ID:
235497
URI
Publication date:
27.9.2019.
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