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The Brussels IIa Regulation (Regulation No 2201/2003) is the cornerstone of EU judicial cooperation in matrimonial matters and questions of parental responsibility. The 2003 Regulation on jurisdiction, recognition and enforcement of judgments on divorce, separation and judgments on parental responsibility for the children has helped prevent parallel judicial proceedings in several EU countries by identifying which country’s courts are responsible to deal with a divorce and with parental responsibility matters (such as custody and visiting rights).
The Regulation has applied since 1 March 2005 to all Member States except Denmark. Apart from providing uniform rules to settle conflicts of jurisdiction between Member States the Regulation facilitates the free circulation of judgments, authentic instruments and agreements in the Union by establishing rules on their recognition and enforcement in another Member State. In 2006, the Commission proposed amendments to the Regulation as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters. No unanimity could be reached within the Council with regard to the rules on applicable law and the Commission therefore withdrew the 2006 proposal to amend the Regulation. On the basis of new Commission proposals, 14 Member States agreed to establish enhanced cooperation among themselves and adopted a Regulation laying down rules determining the law applicable to divorce and legal separation (the “Rome III” Regulation).
