Zbornik Radova: Pravni Fakultet u Novom Sadu (Jan 2015)
Ten years of application of the Brussels II bis regulation
Abstract
Regulation Brussels II bis entered into force on 1 August 2004 but its application has began on March 1, 2005. Ten years of its application by the courts of the Member States gave rise to the interpretation of its provisions as evidenced by requests for a preliminary ruling to the Court of the European Union: for the time being two requests relate to matrimonial matters and eighteen to matters of parental responsibility. Interpreting Union law the Court primarily use systematic method and purposive method to determine autonomous concepts that should provide equal rights and obligations of all entities that fall under the personal scope of application of the Regulation. These terms have different contents than those that are applied in national legal systems of the Member States, ensuring the coherence of Union law, as well as unification or harmonization of national laws. The present paper presents some of the autonomous concepts of Union law in the areas covered by the Regulation. They are selected primarily by the criterion of their usefulness in applying Serbian law, because those concepts are present in different domestic sources of law, although without determined content, or because they are discussed in the course of the upcoming harmonization of Serbian law with EU law. At the end, the paper gives an overview of those issues and provisions of the Regulation, which - based on the 2014 Report of the Commission on the application of the Regulation - require clarifications and improvements in the course of possible future adaptations of Brussels II bis.
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