Recasting the Brussels II Bis Regulation : the way forward

Abstract

The council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility which is commonly known as the Brussels 2A or the Brussels II bis Regulation came into force on 1st August of 2004 and repealed its predecessor Regulation (EC) No 1347/2000. Although the Brussels II bis has been known as working well for several number of years, the European Commission, on 30th June 2016 has presented a proposal to amend the said Regulation. The proposal suggests amendments to several problems in the Regulation with the aim of protecting the best interest of the child while at the same time triggering the reinforcement of the principle of mutual recognition in the European area. This term paper will look in detail into this European Commission’s proposal to recast the Regulation No 2201/2003 and will also look at the opinions of the European Parliament and of the European Economic and Social Committee. After looking at these opinions, this term paper will assess whether the proposed amendments are sufficient to fulfil the real objective of the recast or whether further suggestions for amendments should be taken into consideration. Several EU case-law will also be dealt with in order to assess whether there is a real need for such recast and whether these new provisions will facilitate litigation on a cross-border level bearing in mind that the recast will repeal the Regulation which is presently in force No 2201/2003.