The Child’s Best Interests in International Jurisdiction Under the Brussels IIter Regulation
摘要
Cross-border conflicts dealing with parental responsibility matters have a wide diversity which is projected in the Brussels IIter Regulation international jurisdiction model. In particular, the system is articulated on the principle of the best interests of the child, linked to the criterion of proximity. Following this logic, the Brussels IIter Regulation, inheriting the system from its predecessor, reflects a much more accurate balance between the two conceptions of the best interests of the child, in abstracto and in concreto. The aim of this chapter is to present the jurisdiction model on parental responsibility matters of the Brussels IIter Regulation, from the necessary children-based approach that should be paramount in any case involving children, including Private International Law rules. This overview will allow to reflect on how the jurisdiction rules seek to answer to the complexity of international movement of families through the articulation of the best interest of the child principle.