Reform of the Brussels IIa Regulation Cover Image

Reforma Uredbe Bruxelles IIa
Reform of the Brussels IIa Regulation

Author(s): Anita Duraković
Subject(s): Civil Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Reform;Brussels IIa Regulation;Matrimonial cases;Parental responsability cases;
Summary/Abstract: The Brussels IIa Regulation, which came into force on 1 March 2005, established uniform rules on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and cases related to parental responsibility in international situations. In accordance with Art. 65. of the Regulation on 15 April 2014 the European Commission submitted a Report stating that the Brussels IIa Regulation is a well-functioning instrument, which implementation has shown certain shortcomings that needed to be eliminated. Therefore, on 30 June 2016, the European Commission presented the Proposal for the Reform of the Brussels II Regulation, which stated that cases related to parental responsibility caused certain problems and needed to be addressed urgently, whereas cases related to matrimonial matters show only a small number of problems and pledges to maintain the status quo situation. The paper will discuss the proposed new regulation – six major shortcomings in cases related to parental responsibility have been pointed out. Besides that, the need for certain changes in matrimonial matters as well as in relation to the scope of application of the Brussels IIa Regulation will be point out. We intend to inform the public with the legislative activities of the European Union, both already adopted and proposed legal instruments, considering the obligation of Bosnia and Herzegovina to harmonize existing legislation with those in the European Union under the Stabilization and Association Agreement.