Content and scope of Article 10 of the Brussels II bis Regulation Cover Image

Садржина и досег члана 10. Регулативе Брисел II бис
Content and scope of Article 10 of the Brussels II bis Regulation

Author(s): Radmila Dragišić
Subject(s): EU-Legislation
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: Brussels II bis regulation; Brussels II bis recast regulation; jurisdiction; child abduction; jurisprudence;

Summary/Abstract: Council Regulation (EC) 2201/2003 of 27 November 2003, also known in the legal literature as the „Brussels II bis Regulation“, governs jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility. As of March 1, 2005, it is binding in all member states of the European Union, except for the Kingdom of Denmark. One of its important characteristics is that it is a supplement to the Hague Convention on the Civil Aspects of International Child Adbuction of October 25, 1980. Given the importance and sensibility of social relations regulated at the level of the European Union by the secondary source of law in question, we believe that the scientific and professional public will benefit from further knowledge of the scope of Article 10 entitled „Jurisdiction in the case of child abduction“. We analyze the scope of the provisions of the mentioned article through a selected case from the jurisprudence of the Court of Justice of the European Union. Finally, we give an overview of the legal status of the Convention and the Regulation in Bosnia and Herzegovina and make concluding remarks.

  • Issue Year: 2021
  • Issue No: 8
  • Page Range: 105-126
  • Page Count: 22
  • Language: Serbian