romanian english

Cosmin DARIESCU: The alteration of the international jurisdiction of the Romanian courts on divorce and marriage annulment in the relations between Romania and the Czech Republic

Abstract: After the accession of Romania to the European Union ( on January 1, 2007), the Romanian judges have to use a more intricate method for solving cases of divorce or marriage annulment between spouses that are Czech citizens with habitual residence in Romania, or Romanian citizens with habitual residence in the Czech Republic, or a Czech citizen and a Romanian one. They have to establish their jurisdiction on the provisions of Article 3 and Article 4 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. These new legal provisions repealed the international jurisdiction rules provided by Article 28 and Article 29 ( that refers to Article 28, in this respect) of the Treaty between Romania and the Czech Republic on Legal Assistance in Civil Matters ( Bucharest, July 11, 1994), ratified by Romania by Act no. 44 of May 27, 1995.  The provisions of Articles 3 and 4 of the regulation will suffer an adaptation to the specific requirements provided by the choice-of-law rules of the two paragraphs of Article 28 of the treaty, rules which are, still, in force. Thus, the conflicts of jurisdictions raised by such cases will be solved in the same manner used by Articles 28 of the treaty with one exception. When the spouses have different nationalities (one has the Romanian nationality, the other, the Czech citizenship) but they are habitually resident in just one state (Romania or the Czech Republic), only the courts of the state where the spouses are habitually resident will have jurisdiction and not the courts of the both states (as it was provided in Article 28 paragraph 2 and, by reference, in Article 29 paragraph 2 of the treaty).    In order to find out the substantial law that will govern the divorce or the claim for the marriage annulment, the Romanian judges will use the choice-of-law rules provided by Article 28 and Article 29 paragraph 1 of the above mentioned treaty. The introduction of uniform choice-of-law rules regarding divorce and marriage annulment, by an E.U. regulation should lighten the Romanian judges’ burden in such cases.

 Key words: international jurisdiction, divorce, marriage annulment, Romania, Czech Republic, Brussels II bis regulation.

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