Council Regulation (EC) No 2201/2003 – Mechanism of Modernisation for National Legislations in the Field of Family Relationships

Council Regulation (EC) No 2201/2003 – Mechanism of Modernisation for National Legislations
in the Field of Family Relationships
Roxana Gabriela ALBASTROIU


Abstract: The European Union has turned its sights to family law. Brussels now tells us where we can
raise proceedings in family cases. The European Union has brought together in a single
legal instrument the provisions on divorce and parental responsibility, with a view to
facilitating the work of judges and legal practitioners and to regulating the exercise of
cross-border rights of access. This regulation represents a major step forward in the fight
against violation of the right to privacy and family life. It establishes a full system of
rules on jurisdiction. Many European states still have a limited regulation of the reasons
for getting the dissolution of marriage. The European Convention (regulate the right to
family and private life and, respectively, the right to marriage in art. 8 and 12 ECHR) has
nothing to do with such cases because does not regulates the right to divorce and it would
be an interference into the national law. In this paper we intend to find out what changes
bring the regulation into national legislation and that raises many questions: How can a
person be married again if he/she doesn’t have the possibility to divorce? In these
conditions, can we take the European Convention into consideration as a real instrument of
protection for the right to marriage? What the regulation means and what are the legal
effects which it produces its application in the Member State legislation?
Keywords: Council regulation, ECHR, divorce, legal separation, family life.

DOI: http://dx.doi.org/10.18662/lumenlaw.2014.0301.01

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