AGREEMENT ON COURT JURISDICTION PURSUANT TO BRUSSELS II TER REGULATION AND ITS IMPACT ON THE JURISDICTION OF OTHER COURTS Cover Image

SPORAZUM O IZBORU SUDA PREMA UREDBI BRISEL II TER I NJEGOV UTICAJ NA NADLEŽNOST DRUGIH SUDOVA
AGREEMENT ON COURT JURISDICTION PURSUANT TO BRUSSELS II TER REGULATION AND ITS IMPACT ON THE JURISDICTION OF OTHER COURTS

Author(s): Adis Poljić
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Правни факултет Универзитета у Београду
Keywords: Jurisdiction; European Union law; Family law; Agreement of the court of choice; Lis pendens.

Summary/Abstract: The paper discusses the form of the agreement on the choice of court according to Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial disputes and the matters related to parental responsibility and on international child abduction (amendment) and impact agreement to the jurisdiction of other courts. The specificity of this agreement is the possibility of choosing a court in matters of family law, which was not previously possible. The goal of the study is to analyse the formal conditions for the validity of the agreement and to indicate its implementation in practice. The findings of the study showed the ways that the agreements on the choice of the competent court are concluded, and how to ensure their legal effect towards all courts in the European Union, i.e. their influence on the rules of lis pendens.

  • Issue Year: 71/2023
  • Issue No: 3
  • Page Range: 555-580
  • Page Count: 26
  • Language: Bosnian