The effects of Brussels II Bis on Maltese legislation

Abstract

The work on this thesis covers the matrimonial matters and parental authority mainly in relation to European Union legislation and the Maltese legislation. My aim was to define whether the Maltese legislation is in line with other Member States' legislation vis a vis the effects emanating from EC Regulation 2201/2003. Chapter 1 deals with the historical background of the Regulation, giving a background of various Conventions that lead to a Regulation which is directly applicable in all Member States. Chapter 2 deals exclusively with the three main Regulations applicable in matters of parental responsibility and matrimonial matters. This chapter also goes into the Green Paper on Applicable law and jurisdiction in Divorce Matters, where very relevant issues have arisen from the responses to the questionnaire found in this paper and a summary of the answers is found in Annex I attached to this thesis. Chapter 3 looks at different aspects of the impact that the Regulation and foreign legislation might have on Maltese legislation and also speaks of improvements that can be made in our legislation, with the aim to give the same opportunity to Maltese as other European Union citizens have, especially in relation to matrimonial matters. Chapter 4 deals with parental authority and due to the fact that this subject is so vast and one can write a thesis solely on this issue, the subject is tackled from the point of view of the Regulation and also the protection that a child has in relation to the Regulation under Maltese legislation. Finally, as also pointed out in this thesis the subject itself and the issues that arise from this subject are not purely academically and legal but it also involves peoples lives that are suffering as a consequence of the family break-up and in some instances child abduction as a consequences. The harmonisation of laws even though it is a very difficult exercise to achieve would give more certainty to the individuals and therefore is not an issue to be completely ruled out by the Member States especially Malta.