Presidential ordinance between internal emergency and European rules of jurisdiction: Case study on the habitual residence of the minor Cover Image
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Ordonanţa preşedinţială între urgenţa internă şi normele europene de competenţă: Studiu de caz privind reşedinţa obişnuită a minorului
Presidential ordinance between internal emergency and European rules of jurisdiction: Case study on the habitual residence of the minor

Author(s): Roxana-Silvia Truta
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Brussels IIb Regulation (EU) 2019/1111; Parental responsibility jurisdiction; Article 15 provisional and precautionary measures; Romanian presidential ordinance summary procedure;

Summary/Abstract: This study examines the incidence of the direct jurisdiction rules established by Regulation (EU) 2019/1111 (Brussels IIb) on the summary procedure of the presidential ordinance governed by the Romanian Civil Procedure Code. The analysis concerns, in particular, the mechanism for determining general jurisdiction in matters of parental responsibility and the restrictive conditions for the application of provisional and precautionary measures (art. 15 of the Regulation), with a view to preventing the phenomenon of forum shopping and the circumvention of conflict rules through illicit movements of minors.

  • Issue Year: 2026
  • Issue No: 02
  • Page Range: 288-294
  • Page Count: 7
  • Language: Romanian
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