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.