Family Private International Law Issues before the European Court of Human Rights: Lessons to be Learned from Povse v. Austria in Revising the Brussels IIa Regulation and its Relevance for Future Abolition of Exequatur in the European Union
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Publication date
2015-11-12
Authors
Lazic, V.
Editors
Paulussen, Christophe
Takacs, Tamara
Lazić, Vesna
Van Rompuy, Ben
Advisors
Supervisors
Document Type
Part of book
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taverne
Abstract
This contribution analyses the manner in which the 1980 Child Abduction Convention has been applied within the legislative framework of the Regulation Brussels IIa in the light of the decision Povse v. Austria. This factually and legally complex case reached both the CJEU and the ECtHR. It illustrates shortcomings and difficulties in applying and interpreting the existing procedural framework on international child abduction in the European Union. Possible solutions are suggested in the present paper on how to shape a legislative framework which would more appropriately accommodate the needs of actors in cross-border child abduction litigation in the best interest of the child.
Keywords
fundamental rights, international child abduction, 1980 Hague Child Abduction Convention, Regulation Brussels iia, enforcement of foreign judgments in the EU, ECtHR, ECHR Convention, Taverne
Citation
Lazic, V 2015, Family Private International Law Issues before the European Court of Human Rights : Lessons to be Learned from Povse v. Austria in Revising the Brussels IIa Regulation and its Relevance for Future Abolition of Exequatur in the European Union. in C Paulussen, T Takacs, V Lazić & B Van Rompuy (eds), Fundamental Rights in International and European Law : Public and Private Law Perspectives. 1 edn, T.M.C. Asser Press, The Hague, pp. 161-183. https://doi.org/10.1007/978-94-6265-088-6_8