Reflections on Parental Authority

AuthorGabriela Lupsan
PositionProfessor, PhD, 'Danubius' University of Galati, Romania
Private Law
Reflections on Parental Authority
Gabriela LUPŞAN
Abstract: The movement in the European Union territory of the family members de jure or de facto -
parents married or not, on the one hand, and their children, on the other hand, th e birth of litigation
related to the content, exercising or limiting the parental authority in the event at least o ne holder of
parental authority is in a Member State other than where the minor child is, and the interest of
achieving a good administration of justice within the European Union, led to the development of
Community instruments in the area of parental authority, which has pro visions on conflicts of
jurisdiction, conflict of laws, recognition and enforceability, enfo rcement, legal aid and cooperation
between central authorities, designating the applicable law. In the first part of the study we have
analyzed the rules of jurisdiction by establishing the jurisdiction of the court hearing with an
application for parental responsibility, whether there are pendin g divorce pro ceeding or n ot. In the
second part of the stud y, we have limited the analysis to the rules applicable to the law causes that
have as object parental authority.
Keywords: jurisdiction; prorogation of jurisdiction; Transferred competence; Regulation (EC) no.
2201/2003; The Hague Convention of 19 October 1996
1. Details on the Legal Framework
The courts called upon to rule in a case which concerns the attribution, exercise,
total or partial restriction of parental authority with an element of extraneity, that
determine the application of the following legal instruments:
- Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning
jurisdiction and the recognition and enforcement of judgments in matrimonial
Professor, PhD, “Danubius” University of Galati, Romania. Address: 3 Galati Boulevard, 800654
Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author:
AUDJ, vol. 12, no. 1/2016, pp. 5-12

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