Introduction
COUNCIL REGULATION (EC) No 2201/2003 of 27 November 2003 (Brussels II bis) sets out rules on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility.
It repeals Regulation No 1347/2000 (Brussels II), which only covered parental responsibility in connection to matrimonial matters, and had therefore been harshly criticised. Regulation Brussels II bis contains new rules on parental responsibility that apply regardless of whether they appear in connection to divorce proceedings. The provisions on matrimonial matters have been carried over from the Brussels II Regulation practically unchanged.
Regulations Brussels II and
Brussels II bis were preceded by a
Convention of 28 May 1998 on the same subject matter. This instrument was negotiated between the
member states because the Union as such had at that time no competence in matters of civil cooperation. It never entered into force. However, since the relevant rules on matrimonial matters have remained virtually unchanged the
Explanatory Report drawn by Professor Alegria Borras and published in the Official journal is still relevant for the interpretation of the present Regulation. The
Practice Guide published by the Commission on Regulation Brussels II bis is primarily devoted to the rules on parental responsibility; it does only contain a summary about the operation of the rules on matrimonial matters in
Annex I.
