Brussels Convention II: A New Private International Law Instrument in Family Matters for the European Union or the European Community?

Citation

Beaumont P & Moir G (1995) Brussels Convention II: A New Private International Law Instrument in Family Matters for the European Union or the European Community?. European Law Review, 20 (3), pp. 268-288.

Abstract
First paragraph: The Council of the European Union has set in motion negotiations on a new convention, modelled on the Brussels Convention, establishing rules of international jurisdiction and the recognition of judgments in at least some family law matters, particularly divorce. This article examines the background to this new development, including the Hague Convention on Recognition of Divorces. The options for the legal basis of the new convention are analysed: a European Community Convention under Article 220 EC or a European Union Convention under Article K.3(2)(c) TEU?

Keywords
private international law; divorce; Hague Divorce Convention; EU law

Journal
European Law Review: Volume 20, Issue 3