Understanding the Brussels IIb Regulation Practice Guide
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.
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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 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.)
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
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 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.
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. 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
