Legitimitate şi interes în circuitul privat internaţional. Observaţii privind competenţa internaţională în materie de divorţ şi răspundere parentală
Legitimacy and interest in the international private circuit. Observations on international jurisdiction in matters of divorce and parental responsibility

Summary/Abstract: With the ever-higher mobility of people in the European space, the international disputes of divorce and parental responsibility, regardless of whether they concern couples of mixed nationalities or couples established in a state other than the one of their citizenships, are increasingly numerous. Confronted with this reality, the European legislator reacted, after the “communitarization” through the Treaty of Amsterdam of Title IV of the EC Treaty (Judicial Cooperation in Civil Matters), by quickly adopting the Regulation 1347/2000, soon replaced by Regulation 2201/2003; these instruments are the basis of the current system of rules found in Regulation 1111/2019, to which this study is devoted. Intended primarily to respond to specific interests related to facilitating the mobility of persons in the European area, it paves the way for theoretical and practical discussions related to the role of proximity and autonomy of will regarding the rules of international jurisdiction, respectively related to the balance between nationality and habitual residence, in the context of specific substantive or procedural values, such as the best interests of the child or access to justice. In a first part, the study approaches the solutions from Art. 3 et seq. of the Regulation, regarding the international jurisdiction for divorce, legal separation and annulment of marriage, trying to point out the milestones in their application and their specific responses to different public or private interests at stake, but also the jurisprudential developments related to them; the correlation with national law – an aspect that has raised problems in practice – is also addressed. In the second part, the study specifically analyzes Art. 10 of the Regulation, devoted to the party autonomy in disputes regarding parental responsibility, highlighting not only the legislative developments and the differences compared to the former Art. 12 of Regulation 2201/2003, but also their practical implications, including the notarial field. The articulation of the Regulation with the Hague Convention of 1996 is the source of specific difficulties that the study aims to clarify.

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