Bobrzyńska Olga, Brussels II ter Regulation and the 1996 Hague Convention on Child Protection – the interplay of the European and Hague regimes in the matters of parental responsibility

Artykuły
Opublikowano: PPC 2021/4/593-616
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Rodzaj: artykuł

Brussels II ter Regulation and the 1996 Hague Convention on Child Protection – the interplay of the European and Hague regimes in the matters of parental responsibility

Keywords: Recast of Brussels II bis regulation, the 1996 Hague Convention, scope of application, parental responsibility, applicable law

1.Introduction

The European Union and the Hague Conference on Private International Law are two major players in the ongoing process of cross-border cooperation concerning the unification of the rules of private international law in Europe . Before the European legislator entered the game, the European countries were cooperating both within the Hague Conference and bilaterally. With new powers in private international law conferred by the Amsterdam Treaty, the European Community and the European Union as its legal successor have become a forum for the creation of conflict of laws’ rules competing with the Hague Conference . However, the links between the EU Regulations and the Hague Conventions do not only consist in the competition for regulation in the same scope. The European Union as a regional economic integration organization has been a member of the Hague...

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