EU Private International Law in Family Matters

The volume collects all the relevant instruments in the field of EU private international law in family matters as completed by referencing all decisions issued by the CJEU on these Regulations.

Author(s):
Costanza Honorati, Maria Caterina Baruffi
book | published | 1st edition
October 2022 | x + 372 pp.

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€119.-

ISBN 9781839702730


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ISBN 9781839703294

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Details

Few commentaries on EU private international law (PIL) in family and succession matters are currently available on the market and these are usually devoted to specific regulation(s), offering a full overview of both the CJEU case law and the literature concerning the given legal instrument(s).

Unlike these commentaries, EU Private International Law in Family Matters: Legislation and CJEU Case Law collects all the relevant instruments in the field of EU private international law in family matters (the Brussels II-ter Regulation, the Brussels II-bis Regulation, the Maintenance Regulation, the Rome III Regulation, the Succession Regulation, the twin Regulations on property regimes and three international conventions: the 1980 Hague Convention on international child abduction, the 1996 Hague Convention on measures for the protection of children and the 2007 Hague Protocol on maintenance) and complements the legal texts with referencing all decisions issued by the CJEU on these Regulations (currently more than 70). Decisions are not published in their entirety, nor are they limited to the official operative part of the decision. Distinctively and importantly, each and all of the many passages and/or obiter dicta that are disseminated through the decisions have been considered, sorted out and reported in a concise and clear synopsis which has been inserted as a footnote to each relevant part of the applicable rule or Article. This makes the volume a user-friendly, yet complete and accurate, tool for both practitioners and academics who need to keep track of the overwhelming EU case law in cross-border family matters.

This volume provides a brief yet complete guide to approach and understand the functioning of all EU PIL Regulations in family matters as interpreted by the CJEU, thus proving to be a useful tool for the audience of legal practitioners, lawyers, judges and academics to which it is targeted.

COSTANZA HONORATI is a Professor of European Union Law at the Milano-Bicocca University, School of Law, where she also holds the chair of EU Private International Law. She has been Co-ordinator of the PhD Program in European Union Law since 2017, and was the Head of the PhD School (2009-2013). She was a member of the Expert Group assisting the EU Commission on the Recast of Brussels II-bis Regulation (2015) and Chair of the EJN Working Group on a Guide to the Maintenance Regulation (ongoing). She was Visiting Scholar, Yale Law School, New Haven, CA (USA) (2014); Visiting Professor Würzburg, Germany (1997) and Research Scholar Max-Planck-Institut Hamburg, Germany (1993, 1991). She is also a member of the Editorial Board of “Rivista di diritto internazionale privato e processuale” and Special Editor for PIL of “European Papers”.

MARIA CATERINA BARUFFI holds a Ph.D. (University of Bologna, 1998) and a specialisation (University of Milan, 1999) in EU Law. She is a Full Professor of International Law at the University of Bergamo, Law Department, where she teaches International Law and Private International Law. She was Visiting Professor and Scholar-in-Residence at New York University, School of Law (2008, 2009, 2011, 2015). She was a member of the EU Commission’s Expert Group on the Recast of Brussels II bis Regulation (2015); the EJN Working Group on a practice guide to the Maintenance Regulation (ongoing) and the EU Commission’s Expert Group on the recognition of parenthood between Member States (ongoing). She is a member of the scientific committee of the journal “Rivista di diritto internazionale privato e processuale”; editor of the e-journal “Papers di diritto europeo” and co-editor of the journal “Famiglia e Diritto”.

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

PART I. GENERAL RULES IN FAMILY MATTERS

Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (Brussels II-ter) (p. 3)

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 (Brussels II-bis) (p. 73)

PART II. MINORS’ PROTECTION

The Hague Convention of 25 October 1980 on the civil aspects of international child abduction (p. 125)

The Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (p. 137)

PART III. MAINTENANCE OBLIGATIONS

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (p. 157)

The Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (p. 201)

PART IV. LEGAL RELATIONSHIPS OF A COUPLE

Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III) (p. 215)

Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (p. 227)

Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships (p. 261)

PART V. SUCCESSION

Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession . . . (p. 299)