Пракса Суда правде Европске уније у функцији остваривања јасноће одредаба Регулативе Брисел II бис
Case Law of the European Court of Justice as a Means of Clarifying Provisions of the Brussels II Bis Regulation

Author(s): Boris Tučić, Radmila Dragišić
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Private international law of the European Union; The Hague Convention from 1996; The Regulation Brussels II bis; Preliminary ruling procedure; Creation, interpretation and application of law;
Summary/Abstract: This paper focuses on decisions rendered by the Court of Justice of the European Union in the preliminary ruling procedure. The purpose of the said decisions was to interpret and clarify specific provisions of the Regulation of the Council (EC) 2001/2003 from 27 November 2003 concerning jurisdiction, cross-border recognition, and application of court decisions in matrimonial and matters of parental responsibility (the Brussels Regulation II bis). This refers to decisions issued in response to requests for preliminary ruling filed prior to 1 August 2022, when the recast (a consolidated version) of the Regulation came into effect. The rulings concern matters such as a lawsuit for annulment of marriage filed by the third party, a divorce certificate issued by the marriage registrar in the country of origin that contains a divorce agreement, a lawsuit filed by one parent requesting from the court a child travel consent and exemption from application of Article 8 (1) of the Brussels II bis Regulation in favor of provisions of the Hague Convention from 1996 governing jurisdiction, applicable law, cross-border recognition, and application of court decisions in matrimonial and matters of parental responsibility. Analysis of specific examples of the case law of the Court of Justice has proven particularly convenient for assessing the clarity of this secondary source of law in the European Union and for deciding whether provisions of the recast Brussels II bis Regulation addresses these issues more adequately compared to provisions of the repealed Brussels II bis Regulation.

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