Međunarodna nadležnost u brakorazvodnim sporovima u Europskoj uniji i Bosni i Hercegovini
International Jurisdiction in Divorce Disputes in the European Union and Bosnia and Herzegovina

Author(s): Anita Duraković, Jasmina Alihodžić
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: International jurisdiction; Divorce dispute; Decisions of ECJ; Legislative activities; Proposals de lege ferenda;
Summary/Abstract: The increased mobility of the population within the European Union that we are witnessing today, as well as the fact that young people decide to marry a national of another country much more easily than before, regardless of differences in language, culture and religion, lead to a growing number of "international marriages". Consequently, the number of international divorces has also increased. The legislator of European Union, aware of this problem and the fact that any unification leads to the mitigation of differences which inevitably exist in the legal systems of European countries, took specific steps that resulted first in the adoption of Brussels Convention II from 1998, then Regulation 1347/2000, which was replaced by Regulation 2201/1111. In all the instruments mentioned, the matter of international jurisdiction in divorce disputes is regulated similarly, that is, there were no significant interventions, although there were specific disputed issues. It was the Court of Justice of the EU with its decisions, especially the decision in case C-522/20, that removed particular dilemmas which had been the subject of many discussions for almost a quarter of a century and, thereby, contributed to a welcome calm in the area of European family law, where in recent years there have been significant differences between the fundamental legal and political beliefs of member states. This decision and legislative activities within the European Union are important for Bosnia and Herzegovina, given its international obligations arising from the Stabilization and Association Agreement. If we compare the solutions of the European Union with those of Bosnia and Herzegovina, it is evident in which direction the future reform in this area should go.

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