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

• Author: Gabriela Lupsan
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Romania
• Pages: 44-51

ACTA UNIVERSITATIS DANUBIUS Vol. 10, no. 2/2014

44

European and International Law

Reflections on the Maintenance Obligations

from the Perspective of the European Law

Enforcement

Gabriela LUPŞAN

1

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):

1

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:

gabriela.lupsan@univ-danubius.ro.

AUDJ, vol. 10, no. 2/2014, pp. 44-51