Articles

Party Autonomy Under the New Brussels IIa (Recast) Regulation: Stalemates and Innovation

Authors:

Abstract

The Brussels IIa (Recast) Regulation – the long-anticipated revision of the 2003 Brussels II bis Regulation – has brought about significant changes to the EU’s jurisdictional rules that apply to cross-border matrimonial matters (divorce and legal separation) and matters of parental responsibility. However, the role of party autonomy – in this context, the opportunity for parties to the proceedings to designate a closely-connected jurisdiction – continues to be a divisive matter under this renewed instrument. Whilst the pre-existing possibility for parties to participate in the determination of jurisdiction for matters of parental responsibility has been fine-tuned by this recast, the new instrument negates to include a much-needed choice of court provision for cross-border divorce and legal separation. This omission has wide-ranging consequences, both for the use of the instrument itself, as well as for the possibility of coordination with jurisdictions that govern related proceedings.

Keywords:

EU private international lawparty autonomychoice of courtBrussels IIa (Recast) RegulationBrussels II bis Regulationinternational family lawmatrimonial mattersdivorce and legal separationparental responsibility
  • Year: 2022
  • Volume: 18 Issue: 1
  • Page/Article: 45–56
  • DOI: 10.36633/ulr.763
  • Published on 5 May 2022
  • Peer Reviewed