Reflections on the Maintenance Obligations from the Perspective of the European Law Enforcement

AuthorGabriela Lupsan
PositionAssociate Professor, PhD, 'Danubius' University of Galati, Romania
European and International Law
Reflections on the Maintenance Obligations
from the Perspective of the European Law
Gabriela LUPŞAN
Abstract: As stated, maintaining and developing an area of freedom, security and justice by the
European Union, within which i t is ensured the free movement of persons, requires the adoption of,
among others, the measures relating to judicial cooperation in civil matters which have cross-border
implications. These measures are designed to promote the compatibility of the rules applicable in the
Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons
within the European Union, from the desire to protect both debtors of the maintenance, most often
children, and the interest to favor a proper administration of justice within the European Union, there
were adopted a number of community instruments relating to maintenance, which has provisions on
conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments,
judicial assistance and cooperation between central authorities. In the first part of the s tudy we
analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court
hearing a claim for maintenance, when maintenance obligations arise from a family relationship,
parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice
of law applicable on in the case of the obligation between parents and their children.
Keywords: maintenance obligation; conflict of jurisdictions; Regulation (EC) no. 4/2009; Hague
Protocol of 23 November 2007; the applicable law to the mantainance obligation between parents and
their children
1. Details on the Legal Framework
Regarding the maintenance obligation with a cross-border dimension, when the
courts from Romania shall be informed of such request there are applicable the
following European instruments (Onac & Bellows, 2011):
Associate 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. 10, no. 2/2014, pp. 44-51

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