Competența de judecată exclusivă în sfera statutului personal – concursul dintre Codul de procedură civilă și regulamentele Uniunii Europene
Exclusive Jurisdiction in the Area of Personal Status - the Clash between the Code of Civil Procedure and the EU Regulations

Summary/Abstract: The first problem in resolving the legal relationship with an element of foreignness inferred to the judgment is establishing the competence of judgement of the forum through rules of immediate application from its own legal system, imperative rules that determine the jurisdictional competency in international civil proceedings. The European Union regulations and the international conventions may also contain rules attributing jurisdictional competency to the authorities of the participating states. At this point, the question which arises is that of the competition between these rules of immediate application, a competition governed by the principle of specialia generalibus derogant. As regards the exclusive competence of the Romanian courts within the sphere of personal status established by article 1079 of the New Code of Civil Procedure, in the hypothesis of article 1079, points 1, 2 and 4, regarding civil status acts, adoption and protection of the adult through special guardianship and judicial counselling, the Romanian rule of jurisdiction does not enter into competition with European rules, it actually receives priority application. As regards the hypothesis of law given by article 1079 point 3, regarding the guardianship and curatorship of the minor, as well as that of article 1079, point 5, regarding divorce and parental responsibility, it enters into competition with the provisions on the matter, within the EU Regulation no. 2019/1111, which receive priority application, except in cases of subsidiary jurisdiction, when article 1079 points 3 and 5 receive priority application, precisely through the provisions of the regulation. As regards the matrimonial property regime, there is the EU Regulation no. 2016/1103, as a form of consolidated cooperation, to which Romania does not participate, and the rule of exclusive competency within the Romanian law applies as a priority, including the exception of non-competence given by article 1079 point 5 NCCP.

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