Regulation (EC) No. 2201/2003 (Brussels IIa)

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Regulation (EU) No. 2201/2003

Title: Council Regulation (EC) No. 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in proceedings relating to parental responsibility and repealing Regulation (EC) No. 1347/2000
Designation:
(not official)
Brussels IIa
Legal matter: civil right
Basis: EGV , in particular Art. 61 lit. c and Art. 67 Paragraph 1
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: March 1, 2005
Reference: OJ L 338 of 23.12.2003, pp. 1-29
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) no. 1347/2000, Regulation (EC) No. Abbreviations EuEheVO or Brussels IIa Ordinance, of November 27, 2003 regulates the international jurisdiction of the courts within the European Union (with the exception of Denmark) in matters relating to marriage and children .

This regulation is expected to be replaced by Regulation (EU) 2019/1111 from August 1, 2022 (Brussels IIb).

history

An EC agreement of May 28, 1998 based on the Brussels Convention on the regulation of marriage law never came into force. Instead, the convention, which was planned as a purely international agreement, was adopted as Regulation (EC) No. 1347/2000. This was soon revised and supplemented by a more extensive regulation of child law and issued as Regulation (EC) No. 2201/2003.

competence

The regulation is based on the competence granted in Art. 81 para. 2 a TFEU. Whether this is sufficient is controversial. There are repeated complaints to the Petitions Committee that the courts refuse to implement international judgments.

Regulations

Regarding the content regulations: → International civil procedure law (EU)

Consultation with the Commission

A consultation by the European Commission ran from April 15 to July 18, 2014 . The results are to be published.

See also

Individual evidence

  1. Regulation (EC) No. 2201/2003 (PDF)
  2. OJ. 2019 L 178/1.
  3. Müller-Graf / Kainer, The judicial cooperation in civil matters in the European Union , DRiZ 2000, 350; Helms, International procedural law for family matters in the European Union , FamRZ 2002, 1593.
  4. 'Decision on PETITIONS: 0435/2012 and 1229/2013'. (PDF) asktheeu.org, accessed on November 17, 2019 .
  5. 0435/2013. (PDF) asktheeu.org, accessed on November 17, 2019 (French).
  6. ec.europa.eu

literature

  • Peter Gröschl: International jurisdiction in European marriage procedure law . Hartung-Gorre, Konstanz 2007.
  • Viktoria Kress: International jurisdiction for parental responsibility in the European Union . Lang, Frankfurt am Main 2005.