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SSRN Electronic Journal
Article . 2017 . Peer-reviewed
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The Commission's Proposal for a Recast of Brussels IIa Regulation

Authors: Honorati, C.;

The Commission's Proposal for a Recast of Brussels IIa Regulation

Abstract

The article is a first comment of the Commission's proposal for the recast of Brussels IIa Regulation (COM (2016) 411 final, on 30 June 2016). Though skewed towards protection of children, this legislative choice is justified on objective grounds and provides the outline of a legal framework which is essentially coherent and serves to achieve the objectives which have been set. The amendments dovetail with the previous framework, perfecting it and making it more effective, without disrupting it. Although not all the political choices can be fully endorsed, the choice of a ‘child-centric’ approach, which gives importance to the specific features of children’s rights, is obvious and certainly should be welcomed. This has been achieved through ad hoc rules which, partially, would seem to derogate from a general, central principle within the European judicial area, ie the principle of automatic recognition and enforcement of decisions, now contingent on respecting the child’s best interests, as ascertained by the enforcement judge. Partially, by means of a marked acceleration towards uniform procedural rules and, lastly, by means of increasingly close synergy and collaboration between judicial and administrative authorities, not only acting through central authorities but also directly between central authorities.

Country
Italy
Related Organizations
Keywords

Brussel IIa Regulation, International Abduction of Children, Best Interests of Child, Cooperation, Central Autorities, Enforcement, Abolition of Exequatur, Override Mechanism, Adequate Arrangements, Return Proceedings, Concentration of Proceedings, Hearing of the Child, Matrimonial Matters, Parental Responsibility, Habitual Residence of Children

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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