Suchergebnisse

The article briefly describes international legislation in parental responsibility matters and focuses on the 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 (in practice called Brussels II a or Brussels II bis). The essay reveals and analyses the difficulties which occur while hearing parental responsibility cases within the European Union. Particular attention is given to special cases which were difficult to resolve for the national courts of the Republic of Lithuania. Also, the practice of the Court of Justice of the European Union is examined. The guidelines on how to avoid the problems of establishing jurisdiction are given. The relations of 1980 Hague Convention on international child abduction and Regulations Brussels II bis are revealed and the reasons for adoption of the Regulation are highlighted. The article also proposes improvements for Article 15 of the Regulation and the effective application of a modified forum non conveniens doctrine in parental responsibility cases.

Abstract
The article briefly describes international legislation in parental responsibility matters and focuses on the 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 (in practice called Brussels II a or Brussels II bis). The essay reveals and analyses the difficulties which occur while hearing parental responsibility cases within the European Union. Particular attention is given to special cases which were difficult to resolve for the national courts of the Republic of Lithuania. Also, the practice of the Court of Justice of the European Union is examined. The guidelines on how to avoid the problems of establishing jurisdiction are given. The relations of 1980 Hague Convention on international child abduction and Regulations Brussels II bis are revealed and the reasons for adoption of the Regulation are highlighted. The article also proposes improvements for Article 15 of the Regulation and the effective application of a modified forum non conveniens doctrine in parental responsibility cases.

Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given.

Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given.

The article examines the procedure of recognition and enforcement of judgements requiring the return of abducted children within the Member States of the European Union. This issue is dealt with the rules established in Regulation of 27 November 2003 (EC) Nr. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgement in matrimonial matters and the matters of parental responsibility (abbreviated as Regulation Brussels IIa or Brussels IIbis).

The article examines the procedure of recognition and enforcement of judgements requiring the return of abducted children within the Member States of the European Union. This issue is dealt with the rules established in Regulation of 27 November 2003 (EC) Nr. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgement in matrimonial matters and the matters of parental responsibility (abbreviated as Regulation Brussels IIa or Brussels IIbis).

Straipsnyje nagrinėjama sprendimų dėl pagrobtų vaikų grąžinimo vykdymo Europos Sąjungos valstybėse narėse procedūra. Šis klausimas yra sprendžiamas vadovaujantis 2003 m. lapkričio 27 d. Europos Tarybos reglamente (EB) Nr. 2201/2003 dėl jurisdikcijos ir teismo sprendimų, susijusių su santuoka ir tėvų pareigomis, pripažinimo bei vykdymo (sutrumpintai vadinamas Reglamentu Briuselis IIa arba Briuselis IIbis) nustatytomis taisyklėmis.The article examines the procedure of recognition and enforcement of judgements requiring the return of abducted children within the Member States of the European Union. This issue is dealt with the rules established in Regulation of 27 November 2003 (EC) Nr. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgement in matrimonial matters and the matters of parental responsibility (abbreviated as Regulation Brussels IIa or Brussels IIbis).

The article examines the procedure of recognition and enforcement of judgements requiring the return of abducted children within the Member States of the European Union. This issue is dealt with the rules established in Regulation of 27 November 2003 (EC) Nr. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgement in matrimonial matters and the matters of parental responsibility (abbreviated as Regulation Brussels IIa or Brussels IIbis).

The article examines the procedure of recognition and enforcement of judgements requiring the return of abducted children within the Member States of the European Union. This issue is dealt with the rules established in Regulation of 27 November 2003 (EC) Nr. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgement in matrimonial matters and the matters of parental responsibility (abbreviated as Regulation Brussels IIa or Brussels IIbis).

Straipsnyje analizuojamos vaikų grobimo Europos Sąjungos valstybėse narėse atvejais taikomos teis­mingumo nustatymo taisyklės, įtvirtintos 2003 m. lapkričio 27 d. Europos Tarybos reglamente (EB) Nr. 2201/2003 dėl jurisdikcijos ir teismo sprendimų, susijusių su santuoka ir tėvų pareigomis, pripažinimo bei vykdymo (sutrumpintai vadinamas Reglamentu Briuselis IIa arba Briuselis IIbis), taip pat Reglamento Briuselis IIa ir 1980 m. Hagos konvencijos "Dėl tarptautinio vaikų grobimo civilinių aspektų" bei šiuos tarptautinės teisės aktus įgyvendinančio 2008 m. lapkričio 13 d. Lietuvos Respublikos civilinį procesą re­glamentuojančių Europos Sąjungos ir tarptautinės teisės aktų įgyvendinimo įstatymo nuostatos, regla­mentuojančios pagrobtų vaikų grąžinimą bei praktinės jų taikymo problemos. The article analyses the rules of jurisdiction in the cases of child abduction within the Member States of the European Union, which are established in Regulation of 27 November 2003 (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgement in matrimonial matters and the matters of parental responsibility (abbreviated as Regulation Brussels IIa or Brussels IIbis), as well as the provisions of Regulation Brussels IIa, 1980 Hague Convention on International Child Abduction and 13 November 2008 Law of the Republic of Lithuania, implementing the acts of European Union and inter­national law, regulating civil process, implementing those instruments of international law, regulating the return of abducted children and practical problems of their application.

In addition, it is noted that a legally advantaged position with the help of Article 20 of the Regulation cannot be secured to the parent abductor.T.

In addition, it is noted that a legally advantaged position with the help of Article 20 of the Regulation cannot be secured to the parent abductor.T.

In addition, it is noted that a legally advantaged position with the help of Article 20 of the Regulation cannot be secured to the parent abductor.T.

In addition, it is noted that a legally advantaged position with the help of Article 20 of the Regulation cannot be secured to the parent abductor.T.

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). `e authors seek to answer the question whether the institute of citizenship can be a suXcient 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. `irdly, the criterion of the spouses' citizenship and its signiHcance 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.