Page 293 - Revista do Ministério Público Nº 156

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Revista do Ministério Público 156 : Outubro : Dezembro 2018
Proposal to amend Council Regulation concerning jurisdiction and the recognition and enforcement
of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis)
Anabela Susana de Sousa Gonçalves
Assistant Professor at the Faculty of Law of the University in Minho
The Council Regulation (EC) No 2201/2003 of 27 November 2003 con- cerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis) standardizes the rules of international jurisdiction within the European Union and creates a system for recognizing judgments in matrimonial mat- ters and the matters of parental responsibility.
The proposal for Brussels II bis recast was published on 30 July 2016. It focused mainly on six issues: the child return procedure; the placement of the child in another Member State; the demand for exequatur; the effective enforcement of judgments; the hearing of the child; and the co-operation between central authorities. Basically, the article intends to analyze the most important amendment proposals.
The “legal presumption of shared residence” and the protection of the best interests of the child
Ricardo Jorge Bragança de Matos
Public Prosecutor
The paper critically examines the petition presented to parliament proposing alterations to the legal framework of the exercise of parental responsibility in case of a marriage breaking up. The purpose of those alterations is to enshrine in law a presumption of shared residence so that the child has a home with both parents. The critical analysis presented in this paper com- pares the proposal referred above with the current system, the jurisprudence