International dissemination of knowledge – conference on the application of the Brussels IIA Regulation

IIA

Participants came from twenty Member States to the Hungarian Academy of Justice (HAJ) to review the Brussels IIA Regulation and one of its most important institutions, the 'unlawful removal of children abroad'. Judges and representatives of central authorities also discussed the difficulties that have arisen in practice in recent years.

The revision of an important regulation has become current within the European Union. This time, the European Commission has put the Brussels IIA Regulation under scrutiny, which is of paramount importance mainly because of its material scope. Its importance is demonstrated by the fact that it regulates uniformly across the Member States, at EU level the question of jurisdiction in matrimonial matters and matters of parental responsibility.

During the five-yearly review, the competent bodies collect national experiences and practices and draw conclusions from them. The aim is to ensure that, after consultation, the best and most effective practices are implemented everywhere and integrated into the legal systems of the Member States.

osztovitsDr. András Osztovits, director of the Hungarian Academy of Justice (HAJ), said at the opening of the event that it is an extremely sensitive area, especially because minors are involved. As he said, the moment a cross-border element arises in a family law dispute, immediately, many interests are in conflict with each other. Such is the case when one of the parents takes the child to another Member State without the consent of the other party with parental responsibility. In this case, both the authorities and the courts must consider the child's best interests and protection, added the director of the HAJ.

Dr. János Bóka, the Secretary of State for European and International Judicial Cooperation of the Ministry of Justice has highlighted the importance of the best interests of children. He expressed that these measures have always been a current issue, from a legal, a political and a technical point of view as well. He stated that relevant professional and legal discussions have already started at international level.

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The event of the National Office for the Judiciary (NOJ) and the Ministry of Justice is one of the first such events, which shows that both the Ministry of Justice and the NOJ have moved quickly and in the right direction. This initiative, leading role is expected to remain in place until the amended Regulation enters into force.

On the first day of the international conference, participants had the opportunity to learn about the resolutions on the Brussels IIA Regulation in plenary presentations, and on the second day of the event participants exchanged ideas in workshops.