Brussels IIb: Lessons from the CJEU on Residual Jurisdiction and Maintenance

• Jurisdiction: European Union
• Year: 2023

Speaker

Costanza Honorati is a Full Professor of European Union Law at the University of Milano-Bicocca, School of Law where she also holds the Chair of EU Private International Law. She has been Co-ordinator of the PhD Program in European Union Law since 2017 and was the Head of the PhD School between 2009 and 2013.

She is currently Chair of the EU Commission’s Working Group on a Guide to the Maintenance Regulation and was previously a member of the Expert Group assisting the Commission on the Recast of the Brussels IIa Regulation (2015). She has been a Visiting Scholar and Visiting Professor at several institutions. She is a member of the Editorial Board of Rivista di diritto internazionale privato e processuale and the Special Editor for private international law of European Papers.

Topic

Costanza Honorati, in this e-presentation, navigates through the intricate landscape of the Court of Justice of the European Union (CJEU) case law, providing a thorough analysis of key legal concepts within the realm of matrimonial and custody matters. The focal points of discussion include the notions of habitual residence, residual competence, and the application of forum necessitatis in maintenance cases, offering legal practitioners, scholars, and stakeholders invaluable insights into the evolving jurisprudence of the European Union in these critical areas.

The examination begins with a detailed exploration of the concept of habitual residence, a cornerstone in family law cases. Honorati scrutinizes the current CJEU case law to unravel the nuanced considerations that influence the determination of habitual residence in the context of matrimonial and custody matters. By delving into specific cases, the e-presentation elucidates how the court has interpreted and applied this pivotal concept, shedding light on its role in establishing jurisdiction and guiding the application of relevant legal frameworks.

Simultaneously, the analysis extends to the intricate concept of residual competence, adding depth to the understanding of jurisdictional matters in family law. Honorati carefully dissects...