Czech Republic. An expert opinion on the compliance of the
European Commission Proposal for a Council Regulation on
jurisdiction, applicable law, recognition of decisions and
acceptance of authentic instruments in matters of parenthood
and on the creation of a European Certificate of Parenthood
{SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391
final} – {SWD(2022) 392 final} with national law of the Czech
Republic

C 2024

Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic

KORNEL, Martin and Zdeňka KRÁLÍČKOVÁ

Basic information

Original name

Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic

Authors

KORNEL, Martin (203 Czech Republic, belonging to the institution) and Zdeňka KRÁLÍČKOVÁ (203 Czech Republic, belonging to the institution)

Edition

Warszawa, The impact of EU law on the family law of selected Central European Countries Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, p. 31-48, 18 pp. 2024

Publisher

Instytut Wymiaru Sprawiedliwości

Other information

Language

English

Type of outcome

Kapitola resp. kapitoly v odborné knize

Field of Study

50500 5.5 Law

Country of publisher

Poland

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

printed version "print"

Organization unit

Faculty of Law

ISBN

978-83-67149-65-5

Keywords (in Czech)

rodičovství; pravomoc; rozhodné právo

Keywords in English

parenthood; jurisdiction; applicable law; motherhood; fatherhood; kinship; adoption; surrogacy; public order; recognition

Abstract

V originále

In our assessment, the compatibility of the Regulation Proposal with Czech national law is thoroughly examined across various key aspects: Jurisdiction: The analysis begins by discussing jurisdiction rules, specifically under section 53 of PILA, which outlines a structured framework for establishing the jurisdiction of Czech courts. It explains how the proposed Regulation aligns with existing Czech jurisdiction principles. Notably, the Regulation Proposal’s lis pendens rule is found to be stricter but is considered consistent with Czech national law. Applicable Law: Although traditional connecting factors according to Czech law are different in comparison to the Regulation Proposal, we consider the Regulation Proposal to be consistent with Czech national law. Recognition: We emphasise contemporary differences in the criteria for parenthood recognition of foreign court judgments. Yet, the Regulation Proposal is considered compatible with Czech national law. The overall conclusion of the assessment is that, across all these aspects, the Regulation Proposal appears to be harmonious with the principles and framework of Czech national law. It highlights the importance of alignment with European regulations to ensure consistency and facilitate the resolution of cross-border family law issues.

Citovat

KORNEL, Martin and Zdeňka KRÁLÍČKOVÁ. Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic. In Paweł Sobczyk. The impact of EU law on the family law of selected Central European Countries Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood. Warszawa: Instytut Wymiaru Sprawiedliwości, 2024, p. 31-48. ISBN 978-83-67149-65-5.

@inbook{2417943,
   author = {Kornel, Martin and Králíčková, Zdeňka},
   address = {Warszawa},
   booktitle = {The impact of EU law on the family law of selected Central European Countries Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood},
   editor = {Paweł Sobczyk},
   keywords = {parenthood; jurisdiction; applicable law; motherhood; fatherhood; kinship; adoption; surrogacy; public order; recognition},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {Warszawa},
   isbn = {978-83-67149-65-5},
   pages = {31-48},
   publisher = {Instytut Wymiaru Sprawiedliwości},
   title = {Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic},
   year = {2024}
}

TY  - CHAP
ID  - 2417943
AU  - Kornel, Martin - Králíčková, Zdeňka
PY  - 2024
TI  - Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic
VL  - Neuveden
PB  - Instytut Wymiaru Sprawiedliwości
CY  - Warszawa
SN  - 9788367149655
KW  - parenthood
KW  - jurisdiction
KW  - applicable law
KW  - motherhood
KW  - fatherhood
KW  - kinship
KW  - adoption
KW  - surrogacy
KW  - public order
KW  - recognition
N2  - In our assessment, the compatibility of the Regulation Proposal with Czech national law is thoroughly examined across various key aspects: Jurisdiction: The analysis begins by discussing jurisdiction rules, specifically under section 53 of PILA, which outlines a structured framework for establishing the jurisdiction of Czech courts. It explains how the proposed Regulation aligns with existing Czech jurisdiction principles. Notably, the Regulation Proposal’s lis pendens rule is found to be stricter but is considered consistent with Czech national law. Applicable Law: Although traditional connecting factors according to Czech law are different in comparison to the Regulation Proposal, we consider the Regulation Proposal to be consistent with Czech national law. Recognition: We emphasise contemporary differences in the criteria for parenthood recognition of foreign court judgments. Yet, the Regulation Proposal is considered compatible with Czech national law. The overall conclusion of the assessment is that, across all these aspects, the Regulation Proposal appears to be harmonious with the principles and framework of Czech national law. It highlights the importance of alignment with European regulations to ensure consistency and facilitate the resolution of cross-border family law issues.
ER  -

KORNEL, Martin and Zdeňka KRÁLÍČKOVÁ. Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood $\{$SEC(2022) 432 final$\}$ – $\{$SWD(2022) 390 final$\}$ – $\{$SWD(2022) 391 final$\}$ – $\{$SWD(2022) 392 final$\}$ with national law of the Czech Republic. In Paweł Sobczyk. \textit{The impact of EU law on the family law of selected Central European Countries Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood}. Warszawa: Instytut Wymiaru Sprawiedliwo\'sci, 2024, p.~31-48. ISBN~978-83-67149-65-5.

Detailed Information on Publication Record