The Commission's Proposal for a Recast of Brussels IIa Regulation

Abstract

The article is a first comment of the Commission's proposal for the recast of Brussels IIa Regulation (COM (2016) 411 final, on 30 June 2016). Though skewed towards protection of children, this legislative choice is justified on objective grounds and provides the outline of a legal framework which is essentially coherent and serves to achieve the objectives which have been set. The amendments dovetail with the previous framework, perfecting it and making it more effective, without disrupting it. Although not all the political choices can be fully endorsed, the choice of a ‘child-centric’ approach, which gives importance to the specific features of children’s rights, is obvious and certainly should be welcomed. This has been achieved through ad hoc rules which, partially, would seem to derogate from a general, central principle within the European judicial area, ie the principle of automatic recognition and enforcement of decisions, now contingent on respecting the child’s best interests, as ascertained by the enforcement judge. Partially, by means of a marked acceleration towards uniform procedural rules and, lastly, by means of increasingly close synergy and collaboration between judicial and administrative authorities, not only acting through central authorities but also directly between central authorities.