Jurisdiction in matrimonial matters according to European legislation

Abstract

The author of this article, through the study of the joint EC sources of law, peruses the several European regulations on judicial cooperation in civil matters. In the first part, the article illustrates the European competence in civil matters having cross-border implications and deals with the EC regulation n.2201/2003, so called Brussels II bis, regarding jurisdiction in civil matters relating to divorce, legal separation or marriage annulment. Thereafter, the article reviews jurisdiction in other relevant EC regulations and compares the different provisions. The article provides a framework to determine within which limits the European regulations allow to bring, before the same court, matrimonial matters and related claims, such as maintenance obligations and parental responsibility. The purpose of this article is to overcome the fragmentation of the European provisions on jurisdiction, in order to find out if it is possible to bring the different claims before the same court; in this way it could be possible for the parties to avoid several proceedings and obtain effective access to justice.