The Recast of the Regulation on Jurisdiction, the Recognition and Enforcement of Decisions in Matrimonial Matters and the Matters of Parental Responsibility (Brussels IIb)

Abstract

Regulation 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa) unified the rules of jurisdiction within the European Union and created a system for the recognition of decisions in matrimonial matters and matters of parental responsibility. This legal instrument repealed Regulation No. 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (Brussels II).

In 2014, it was published a report evaluating the application of the Brussels IIa Regulation. This report identified the problems existing in the application of the Regulation, and motivated the European Commission's initiative to proceed with a recast. On July 30 2016, the proposal to recast Brussels IIa Regulation was published. The opinion of the European Economic and Social Committee followed on 21 April 2017; on 18 January 2018 the European Parliament adopted a legislative resolution on that proposal; and on March 14, 2019, issued a second opinion. Finally, on July 2nd, 2019, the recast of Brussels IIa Regulation was published, with a renewed designation: Regulation 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (Brussels IIb). This new version repeals the Brussels IIa Regulation, with effect from 1 August 2022 (Article 104, Section 1, of the Brussels IIb Regulation), which is also the date from which the Brussels IIb Regulation shall apply (Article 105, Section 2).

The Proposal of Brussels IIa Regulation aimed at reinforcing the principles of mutual trust and automatic recognition of decisions, eliminating existing barriers to the free movement of decisions, promoting the principle of the best interests of the child, simplifying procedures and increasing the effectiveness of the rules provided for in that legal instrument. It identified six shortcomings that should be faced: the child return procedure; placement of the child in another Member State; the requirement of exequatur; actual enforcement of decisions; hearing of the child; cooperation between the Central Authorities. Now that the Brussels IIb Regulation has been published, it is time to look at the final version and analyse the most relevant changes.

Keywords: parental responsibility, Brussels IIa Regulation