Pilietybė kaip teismingumą santuokos nutraukimo bylose pagal Europos Sąjungos teisę pagrindžiantis kriterijus
Citizenship as the Criterion Justifying Jurisdiction in Divorce Cases under the EU Law

Summary/Abstract: In this article the citizenship as the criterion justifying jurisdiction in divorce cases under the European Union law is analysed. Within the European Union the main instrument for hearing such cases is Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (abbreviated as Brussels II a regulation). The authors seek to answer the question whether the institute of citizenship can be a sufficient criterion to justify the jurisdiction of the courts of a Member State of the European Union in divorce matters. Analyzing the case law of the Republic of Lithuania, identifying the main problems arising from the examination of divorce cases, which have an element of the European Union, ways for their solution are proposed. Firstly, the authors describe main legal instruments which are applicable in the European Union divorce cases. Secondly, brief introduction to the international and Lithuanian legal acts which regulate the international divorce is given. Thirdly, the criterion of the spouses‘ citizenship and its significance is described based on the abovementioned legal acts and the jurisprudence of the Constitutional Court of Republic of Lithuania. Lastly, the authors give examples on the application of citizenship criterion in the Lithuanian case-law, enshrine the problems arising from such cases and give the proposals how to solve such problems.

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