The Brussels IIb Regulation Practice Guide

Practice Guide for the
application of the
Brussels IIb Regulation
BORIANA MUSSEVA, 
ASSOCIATE PROFESSOR OF PRIVATE INTERNATIONAL LAW AND ATTORNEY AT LAW,
SOFIA, BULGARIA
Outline
Background
What is a Practice Guide?
Adoption process
Overview
The main challenges
Background
Practice Guide
What it is?
A practical tool
For judges, lawyers, notaries,
Central Authorities, child welfare
authorities, any interested persons
Easy to understand instructions
Leading through the entire
Regulation
In a user-friendly and accessible
manner
Standard scenarios
What it is not?
Not legally binding;
Does not prejudge the judgments
of CJEU nor of national courts
Not a student book
Not a detailed article-by-article
commentary
Does not provide answers to
controversial questions
The adoption process
By EJN-civil;
Published by the European Commission;
At the e-Justice Portal/EJN-civil/Publications
In all languages of the Member States
Milieu Consulting SRL - Senior Expert Boriana Musseva
Expert Group of EJN-civil
Stakeholders' consultations
tailored questionnaire
in-depth interviews
9 Chapters
1.
General Introduction
2.
Matrimonial Matters
3.
Parental Responsibility
4.
The Rules on International Child Abduction within the EU
5.
Enforcement 
6.
Right of the child to express his or her views 
7.
Cooperation in matters of parental responsibility
8.
Collection and transmission of information, data protection and
non-disclosure of information
9.
Relation with other instruments 
+ Annexes
Hyperlinks
Case law
More than 50 judgments of CJEU
More than 20 judgments of ECtHR
Other legal instruments, e.g.:
1980 and 1996 Hague Convention
UN Convention on the Rights of the Child
European Convention for the Protection of Human Rights and Fundamental Freedoms
EU law instruments
Other sources of information, e.g.:
General comments
Explanatory Reports and Guides on good practices of the HCPIL
Fact sheets
National implementing measures
The online forms at the e-Justice Portal
Internal cross-references
Diagrams
Diagrams, e.g.:
Jurisdiction in matrimonial matters
Jurisdiction in matters of parental responsibility
Procedure in child abduction cases after non-return decision
Tables
Tables, e.g.:
Comparative table of the grounds for refusal
Comparative table of the different types of placement
Comparative table between Articles and Recitals
Comparative table between the Regulation and the 1980 Hague
Convention as regards the return of the child
Significant practical examples
Jurisdiction
Transfer of jurisdiction
Adequate arrangements
Temporary impediments or significant change of circumstances
Other
The challenges:
Legislative changes
Updates – e. g. transfer of jurisdiction, choice of court
New issues – e. g. incidental questions
Paradigm shifts – e. g. enforcement without declaration of enforceability
Case-law of CJEU
Compliance
In a provision – e. g. 
Sundelind Lopez
In a provision and in a recital - e. g. 
Saponaro
In a recital only - e. g. 
Schlömp
No reference in the Regulation – CJEU on what is habitual residence
100% departure - 
e. g. 
Matoušková
Partial departure – 
e. g. 
Povse, 
Aguirre Zarraga
Legacy of the unanimity
Quasi provisions in recitals – e. g. placement
Thank you for your attention!
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The Brussels IIb Regulation Practice Guide by Boriana Musseva offers a comprehensive overview of the application of the regulation, providing insights into the adoption process, main challenges, background, and practical tools. It outlines the key chapters, including matrimonial matters, parental responsibility, child abduction rules, and more, with helpful hyperlinks to relevant case law. This user-friendly guide is a valuable resource for legal professionals, judges, lawyers, notaries, and anyone interested in private international law.

  • Brussels IIb Regulation
  • Practice Guide
  • Boriana Musseva
  • Private International Law
  • Legal Resource

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  1. Practice Guide for the application of the Brussels IIb Regulation BORIANA MUSSEVA, ASSOCIATE PROFESSOR OF PRIVATE INTERNATIONAL LAW AND ATTORNEY AT LAW, SOFIA, BULGARIA

  2. Outline Background What is a Practice Guide? Adoption process Overview The main challenges

  3. Background Instrument Temporal Scope Practical Tool Convention of 28 May 1998 Never entered into force Explanatory report by Prof. Borr s (37 p.) Regulation Nr. 1347/2000 (Brussels II Regulation) 1 March 2001 to 1 March 2005 N/A Regulation Nr. 2201/2003 (Brussels IIa Regulation) 72 Articles, 72 Recitals, 29 p. in OJ 1 March 2005 to 1 August 2022 Practice Guide of 2005 (64 p.) Practice Guide of 2015 (96 p.) Regulation 2019/1111 (Brussels IIb Regulation) 105 Articles, 98 Recitals, 115 p. in OJ 1 August 2022 onwards Practice Guide of 2022 ( ~155 p.)

  4. Practice Guide What it is? What it is not? A practical tool Not legally binding; For judges, lawyers, notaries, Central Authorities, child welfare authorities, any interested persons Does not prejudge the judgments of CJEU nor of national courts Not a student book Easy to understand instructions Not a detailed article-by-article commentary Leading through the entire Regulation Does not provide answers to controversial questions In a user-friendly and accessible manner Standard scenarios

  5. The adoption process By EJN-civil; Published by the European Commission; At the e-Justice Portal/EJN-civil/Publications In all languages of the Member States Milieu Consulting SRL - Senior Expert Boriana Musseva Expert Group of EJN-civil Stakeholders' consultations tailored questionnaire in-depth interviews

  6. 9 Chapters General Introduction Matrimonial Matters Parental Responsibility The Rules on International Child Abduction within the EU Enforcement Right of the child to express his or her views Cooperation in matters of parental responsibility Collection and transmission of information, data protection and non-disclosure of information Relation with other instruments + Annexes 1. 2. 3. 4. 5. 6. 7. 8. 9.

  7. Hyperlinks Case law More than 50 judgments of CJEU More than 20 judgments of ECtHR Other legal instruments, e.g.: 1980 and 1996 Hague Convention UN Convention on the Rights of the Child European Convention for the Protection of Human Rights and Fundamental Freedoms EU law instruments Other sources of information, e.g.: General comments Explanatory Reports and Guides on good practices of the HCPIL Fact sheets National implementing measures The online forms at the e-Justice Portal Internal cross-references

  8. Diagrams Diagrams, e.g.: Jurisdiction in matrimonial matters Jurisdiction in matters of parental responsibility Procedure in child abduction cases after non-return decision

  9. Tables Tables, e.g.: Comparative table of the grounds for refusal Comparative table of the different types of placement Comparative table between Articles and Recitals Comparative table between the Regulation and the 1980 Hague Convention as regards the return of the child

  10. Significant practical examples Jurisdiction Transfer of jurisdiction Adequate arrangements Temporary impediments or significant change of circumstances Other

  11. The challenges: Legislative changes Updates e. g. transfer of jurisdiction, choice of court New issues e. g. incidental questions Paradigm shifts e. g. enforcement without declaration of enforceability Case-law of CJEU Compliance In a provision e. g. Sundelind Lopez In a provision and in a recital - e. g. Saponaro In a recital only - e. g. Schl mp No reference in the Regulation CJEU on what is habitual residence 100% departure - e. g. Matou kov Partial departure e. g. Povse, Aguirre Zarraga Legacy of the unanimity Quasi provisions in recitals e. g. placement

  12. Thank you for your attention!

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