The Brussels II Regulation. The Council Regulation no 2201/2003 concerning the jurisdiction and the recognition and enforcement of judgment in matrimonial matters of parental responsibility. The historical background.
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The Council Regulation no 2201/2003 concerning the jurisdiction and the recognition and enforcement of judgment in matrimonial matters of parental responsibility
In the meantime – Amsterdam Treaty – communitarization of judicial cooperation in civil matters – no need to ratify the international convention ----> the prepared text of the Brussels II convention was transformed into Regulation of the Council no 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 – so called Brussels II Regulation
The Brussels II Regulation from 2000 – 46 articles – did not deal with all problems which arose – in 2002 Commission prepared a draft of new regulation concerning these matters (especially with the aim to extend the scope of application) ------> the draft was accepted in November 2003 – Regulation of the council no 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No1347/2000 – so called Brussels IIa Regulation of Brussels II bis (further only as Brussels II Regulation)
Divorce, legal separation of marriage, marriage annulment:
Judgments concerning the matters which are included in the material scope of application. Is applicable as well on authentic instruments and agreements between the parties that are enforceable in the Member state, in which they were concluded.