General considerations on the european and national provisions on jurisdiction, applicable law, recognition and enforcement of decisions relating to maintenance obligations

• Author: Elise Nicoleta Vâlcu
• Position: Faculty of Law and Administrative Sciences, the Law Department, University of Pitesti, Pitesti, Romania
• Pages: 186-191

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 186-191

186

GENERAL CONSIDERATIONS ON THE EUROPEAN AND NATIONAL

PROVISIONS ON JURISDICTION, APPLICABLE LAW,

RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING

TO MAINTENANCE OBLIGATIONS

E. N. Vâlcu

Elise-Nicoleta Vâlcu

Faculty of Law and Administrative Sciences, the Law Department,

University of Piteti, Piteti, Romania

*Correspondence: Elise-Nicoleta Vâlcu, University of Piteti,

71 Republicii , Piteti, Romania

Email:

elisevalcu@yahoo.com

Abstract

On 18 December 2008, the Council of Europe has adopted Regulation No 4/2009 on

jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in

matters relating to maintenance obligations. In 2011, in Romania, in this area of expertise,

we note the project of law

1

on measures necessary for the application of the Council’s

regulations and decisions, as well as on private international law instruments in the area of

maintenance obligations.

Key words: regulation, protocol, maintenance obligation, enforcement.

Introduction

Regulation No 4/2009 states that in Member States (except Denmark and United

Kingdom of Great Britain and Northern Ireland) the law applicable to maintenance

obligations is determined in accordance with the Protocol on the law applicable to

maintenance obligations

2

concluded on 23 November 2007 at the Hague Conference on

Private International Law. In exercising the exclusive external competence implicitly

established in jurisprudence according to Opinion 1/03 of the Court of Justice of the

European Union of 7 February 2006, the European Union concluded, in the name of its

Member States, the 2007 Hague Protocol

3

, by Decision 2009/941/EC

4

.

1

On 8 August 2011, the Legislative Council, based o n Art 2 Para 1 Point a) of the Law 73/1993 republished, and

Art 42 Para 2 of the Internal Regulations of the Legislative Council, voted the project for a law on measures

necessary for the application of EU Council regulations and decisions, as well as of private international law

instruments relating to maintenance obligations.

2

See Camelia erban Morreanu, Raluca erban, Condiia copilului oglindit în instrumente juridice

internaionale – article published in the Volume o f the International Scientific Conference “Integrare i

globalizare”, organized at the University of Piteti, 15-16 April 2 005, pp. 389-393.

3

When t he instrument was submitted, the European Union de clared that the 2007 Hague Protocol shall be

applicable between Member States for a period previous to the entrance into force or temporary application of

the 2007 Hague Protocol in the EU, where, in accordance with Regulation 4/2009, the claims are filled, judicial

transaction are a pproved/concluded, and authentic acts are concluded starting with 1 8 June 2011, the date when

Regulation 4/2009 enters into force.

4

Council Decision 2009/941/EC of 30 November 2009 on the conclusion by the European Community of the

Hague Protocol of 23 November 2007 on the La w Applicable to Maintenance Obligations, published in the

Official Journal L 331/16.12.2009.