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18 July 2019

The adoption of the revised Brussels IIa Regulation


Foto: The adoption of the revised Brussels IIa Regulation.


On 2 July 2019 the new Brussels IIa Regulation was published in the Official Journal of the European Union.

The Brussels IIa Regulation contains rules on jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility. The objective of the revision was to improve the rules regarding children and improve their rights in cross-border family procedures.

After three years of intensive debate (following the Commission proposal of 30 June 2016), the Council adopted the Brussels IIa recast Regulation on 25 June 2019. It is subject to the special legislative procedure which requires unanimity in the Council after consultation of the European Parliament. All Member States (except Denmark) are taking part in the adoption and application of this revised instrument.

The main amendments include:
  • new rules on the hearing of the child
  • the abolition of exequatur for all decisions on parental responsibility
  • revised rules on child abduction cases within the EU
  • clearer provisions on the placement of a child in another Member State
  • harmonised rules for the enforcement procedure
The Brussels IIa recast Regulation will apply from 1 August 2022.

The adoption of the revised Brussels IIa Regulation on June 25th and its implications for cross-border parental responsibility disputes (including custody, access rights and child abduction) will be discussed at our Annual Conference on Family Law, on 26-27 September 2019 in Trier.

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