engleski

European judicial cooperation in cross border family matter

Internationalization of family life moves families beyond frontiers.Consequently, legal issues concerning family members can no longer be adequately solved in a national legal framework. Significant efforts to establish judicial cooperation in cross border family matters were taken throughout the history by various international organizations. Still, the European Community’s engagement in the field provided the most intensive development on regional level. European judicial cooperation in cross border family matters is driven by private international and procedural law unification. The success of European judicial cooperation in cross border family matters is attributed to two regulations: Brussels II bis Regulation (2003) and Maintenance Regulation (2009). The paper discusses legal and political empowerment of EC to regulate in the field, points to the principle of mutual recognition as a base of European Judicial Area where free circulation of judgments is assured, states the basic components of judicial cooperation in cross border family matters where it provides for a detailed list of unified law, introduces a specific classification of all the relevant legal sources and highlights the importance of human rights consideration in the field. Besides classical methods of private international law, contemporary EU judicial cooperation in cross border family matters relies on mechanism of central authorities and enhanced judicial networking. The Brussels II bis Regulation and Maintenance Regulation are examined in more details, rendering a cost-benefit analysis of their most relevant provisions.

judicial cooperation, family matters

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