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

V. Lazic

doi:10.1007/978-94-6265-088-6_8

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

V. Lazic^*

^*Corresponding author for this work

RENFORCE / Regulering en handhaving

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic

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.

Original language	English
Title of host publication	Fundamental Rights in International and European Law
Subtitle of host publication	Public and Private Law Perspectives
Editors	Christophe Paulussen, Tamara Takacs, Vesna Lazić, Ben Van Rompuy
Place of Publication	The Hague
Publisher	T.M.C. Asser Press
Chapter	8
Pages	161-183
Number of pages	23
Edition	1
ISBN (Electronic)	978-94-6265-088-6
ISBN (Print)	978-94-6265-086-2
DOIs	https://doi.org/10.1007/978-94-6265-088-6_8
Publication status	Published - 12 Nov 2015

Keywords

fundamental rights
international child abduction
1980 Hague Child Abduction Convention
Regulation Brussels iia
enforcement of foreign judgments in the EU
ECtHR
ECHR Convention

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10.1007/978-94-6265-088-6_8

FamilyFinal published version, 339 KBLicence: Taverne

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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 ed., pp. 161-183). T.M.C. Asser Press. https://doi.org/10.1007/978-94-6265-088-6_8

Lazic, V. / 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. Fundamental Rights in International and European Law: Public and Private Law Perspectives. editor / Christophe Paulussen ; Tamara Takacs ; Vesna Lazić ; Ben Van Rompuy. 1. ed. The Hague : T.M.C. Asser Press, 2015. pp. 161-183

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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.",

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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

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. / Lazic, V.
Fundamental Rights in International and European Law: Public and Private Law Perspectives. ed. / Christophe Paulussen; Tamara Takacs; Vesna Lazić; Ben Van Rompuy. 1. ed. The Hague: T.M.C. Asser Press, 2015. p. 161-183.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic

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AB - 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.

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Lazic V. 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 Paulussen C, Takacs T, Lazić V, Van Rompuy B, editors, Fundamental Rights in International and European Law: Public and Private Law Perspectives. 1 ed. The Hague: T.M.C. Asser Press. 2015. p. 161-183 doi: 10.1007/978-94-6265-088-6_8