Publication details
Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic
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| Year of publication | 2024 |
| Type | Chapter of a book |
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| Description | In our assessment, the compatibility of the Regulation Proposal with Czech national law is thoroughly examined across various key aspects: Jurisdiction: The analysis begins by discussing jurisdiction rules, specifically under section 53 of PILA, which outlines a structured framework for establishing the jurisdiction of Czech courts. It explains how the proposed Regulation aligns with existing Czech jurisdiction principles. Notably, the Regulation Proposal’s lis pendens rule is found to be stricter but is considered consistent with Czech national law. Applicable Law: Although traditional connecting factors according to Czech law are different in comparison to the Regulation Proposal, we consider the Regulation Proposal to be consistent with Czech national law. Recognition: We emphasise contemporary differences in the criteria for parenthood recognition of foreign court judgments. Yet, the Regulation Proposal is considered compatible with Czech national law. The overall conclusion of the assessment is that, across all these aspects, the Regulation Proposal appears to be harmonious with the principles and framework of Czech national law. It highlights the importance of alignment with European regulations to ensure consistency and facilitate the resolution of cross-border family law issues. |