Pacuła Krzysztof, Szpunar Maciej, Forum of necessity in family law matters within the framework of EU and international law

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Opublikowano: PPC 2021/4/563-592
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Rodzaj: artykuł

Forum of necessity in family law matters within the framework of EU and international law

Keywords: Forum necessitatis, forum of necessity, EU private international law, access to justice, universal jurisdiction, forum non conveniens, fundamental rights

1.Introduction

In an insightful study on the case-law of the ECtHR developed in the context of EU private international law regulations on family matters, P. Kinsch notes that the famous judgment of 2018 in the case Naït-Liman v. Switzerland contains a reference to the forum of necessity provided for in Art. 11 of the Succession Regulation . Somewhat provocatively, he points out that the Strasbourg case did not concern anything as „mundane” as the EU family regulations. Instead, „it concerned torture in Tunisia, and the denial of a forum in Switzerland for a claim for damages against the Tunisian state and its former Minister of the Interior” .

It may be, however, that the cases on unlawful conducts that are undeniably prohibited under international law, such as the Naït-Liman v. Switzerland case (i.e. the prohibition of torture), are not...

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