Pravila o međunarodnoj nadležnosti sudova u predmetima izdržavanja djece u pravu Evropske unije i Bosne i Hercegovine
Rules on international jurisdiction of courts in cases of guardianship over children in EU law and in Bosnia and Herzegovina’s law
Author(s): Jasmina AlihodžićSubject(s): Welfare systems, Family and social welfare, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: maintenance; rules on jurisdiction; EU; BiH; best interest of the child; harmonisation;
Summary/Abstract: The author analyses the rules on international jurisdiction of courts in cases of obligations related to guardianship over children in EU and Bosnia and Herzegovina. She particularly emphasizes the fact that the Court of Justice of the EU, in interpreting the provisions on international jurisdiction for guardianship over children, has been guided by the proximity criterion, which is realized through the concept of a habitual residence of the child. The author believes that the acceptance of this concept in terms of amending and/or supplementing existing provisions on the international jurisdiction of courts in guardianship cases in BiH legal system would lead to protection of the best interest of the child, which was proclaimed by the highest internal and international legal acts. At the same time, the relevant part of the procedural private international law will be harmonised with the EU acquis.
Journal: Sui generis
- Issue Year: 2017
- Issue No: 4
- Page Range: 73-89
- Page Count: 17
- Language: Bosnian