| Abstract [eng] |
Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given. |
