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Jurisdiction in Matrimonial Matters, Parental Responsibility and International Abduction

A Handbook on the Application of Brussels IIa Regulation in National Courts

by Constanza Honorati (Volume editor)
Others 340 Pages

Summary

The Brussels IIa Regulation is the fundamental tool for judicial cooperation in family law and it provides the necessary legal frame for uniform rules across Europe. Yet, uniformity of legal rules and their uniform interpretation through the decisions handed down by the Court of Justice of the European Union does not always suffice to achieve uniformity of solutions in family matters. This is especially true in regard to the very sensitive field of parental responsibility and the protection of minors. In fact, while the legal pattern may be comparatively simple, as it is built on the common and shared principles of the best interests of the child, the concrete application of rules (also) depends on a number of factual elements and circumstances, which are differently evaluated and balanced in the different jurisdictions, in accordance with the different social and cultural environment where such facts are displayed. Moreover, judges and lawyers not only adopt different approaches, but also have very different levels of knowledge of, and experience with, European Private International Law tools. As these differences lead to different outcomes despite the existence of a uniform legal source, they jeopardize the uniform application of the Regulation. Indeed, relevant legal analysis and empirical data show how application of the Regulation, as made by the courts of Member States, is far from consistent.

Details

Pages
340
ISBN (PDF)
9783631775943
ISBN (ePUB)
9783631775950
ISBN (MOBI)
9783631775967
ISBN (Book)
9783631749517
Language
English
Publication date
2018 (October)
Tags
Jurisdiction Matrimonial Matters Parental Responsibility Matters Child Abduction Cooperation
Published
Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2018. 340 pp.

Biographical notes

Constanza Honorati (Volume editor)

Costanza Honorati is Professor at University of Milano-Bicocca, Italy.

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Title: Jurisdiction in Matrimonial Matters, Parental Responsibility and International Abduction