Brisel IIa Regulativa saveta o nadležnosti i priznanju i izvršenju odluka u bračnim stvarima i stvarima roditeljske odgovornosti za zajedničku decu oba bračna partnera -Regulativa Saveta broj 2201/2003-
Brussels IIa Council Regulation on Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters and in Matters of Parental Responsibility – Council Regulation (EC) No 2201/2003

Summary/Abstract: Free movement of judgments constitutes one of the essential preconditions for the establishment of a single European judicial space. Harmonization of legal provisions in this area has been started by the adoption of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27th September of 1968 (Brussels Convention). However, a number of related issues, including the issue of matrimonial relations are not within the scope of this Convention. As regards matrimonial relations, first attempt was made to regulate this issue through the adoption of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters (Brussels II Convention) of May 28th of 1998. It was in line with the real needs of Member States and also it is important to note that at that time there was a clear legal basis for its adoption. Although the Treaty of Amsterdam of 1997 created the legal preconditions for addressing these issues through secondary legislation of the EU, it was possible to adopt the given laws only after the Treaty of Amsterdam came into the force in 1999. Accordingly, the Council Regulation (EC) No 1347/2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses was adopted in 2000 as well as it was subsequently amended by the Council Regulation (EC) No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa Regulation) in 2003.

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