Cross-border recovery of maintenance in Europe

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Introduction

 

The field of international maintenance law is a complex one, not least due to the co-existence of a number of international and regional instruments as well as bilateral arrangements in this field of law, often with an overlapping scope.

The "Maintenance Regulation" applicable in the European Union (except for Denmark) as of 18 June 2011 introduces a new area of cross-border maintenance recovery inside the European Union. This comprehensive instrument includes besides jurisdictional rules, provisions simplifying and accelerating recognition and enforcement, applicable law rules and it introduces a system of Central Authority co-operation as well as extensive legal aid provisions. In short, the Maintenance Regulation constitutes a major improvement for those seeking the cross-border recovery of maintenance in Europe.

On a global level, it is the recently adopted 2007 Hague Convention which holds the promise of a new area of cross-border recovery of maintenance, particularly in regard to child support, on a global level through the introduction of simplified, swift, accessible and cost effective procedures. Together with the new Hague Convention, the Members of the Hague Conference adopted a new global applicable law instrument: the 2007 Hague Protocol.

It is important to note that the drafting process of the new European Maintenance Regulation took place in parallel to that of the 2007 Hague Convention and that the European Union attached great importance to the compatibility of the European instrument with the new global Convention. The European Union has signed the 2007 Hague Convention and is preparing its implementation. This means that the 2007 Hague Convention will soon operate alongside the European Maintenance Regulation in the European Union States. That is why this e-learning course will include comparative reference to the 2007 Hague Convention.

With regard to the 2007 Hague Protocol on applicable law, it should be noted, that the European Maintenance Regulation provides that the law applicable to maintenance obligations is to be determined in accordance with the Protocol (in the Member States bound by the Protocol – see Subchapter 3 of Chapter 2). Chapter 4 on the law applicable to maintenance obligations therefore explores the rules of the 2007 Hague Protocol. Even though the 2007 Hague Protocol has not yet entered into force, it is provisionally applied within the European Union (except Denmark and the United Kingdom) as of 18 June 2011.

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