Publication details
Nařízení o výživném a postavení mezinárodních smluv v Evropské unii
| Title in English | Council Regulation on Maintenance Obligations and the Position of International Treaties in the EU law |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Periodical |
| Magazine / Source | Právník : teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | regulation 4/2009/EC; 2007 Hague Protocol; international agreements; primacy of the EC law. |
| Description | The authors deal with 2 main issues both related to the regulation No 4/2009 and to Protocol on the Law Applicable to Maintenance Obligations. The first issue concerns the problem of delimitation of competences between the EC and its MS, the second deals with the position of intl. treaties that have been concluded by the EC as their party and also their impacts on national laws of MS and intl. treaties concluded by MS before they became members of the EC. According to the ECJs case law the competence of the EC in the area of maintenance obligations is exclusive. Thus, it is the EC who has the competence to conclude the Protocol. As to the application the Protocol will have precedence over the secondary legislation as well as over any national legislation with one important exception. Treaties concluded by MS before they joined the EC will not be affected which of course may cause serious problems in a near future as the application of uniform rules will be often be impossible |