Between parties’ consent and judicial discretion: joinder of claims and transfer of cases in Regulation (EU) 2019/1111

Regulation no. 2019/1111 has introduced new rules and mechanisms in order to ensure that a parental responsibility case is decided by the court more conveniently placed to protect the best interest of the child. Thus, while no general provision on the joinder of related claims is provided for, the recast regulation grants the interested parties a limited possibility to choose the competent forum. More significantly, the judge is granted discretionary powers as concerns the exercise of its jurisdicton and the decision to transfer the case to a more appropriate forum. These new powers and procedural mechanisms enforce the European space of justice and implement cooperation and collaboration between the Courts of different Member States.

L'articolo affronta il tema delle norme sulla riunione tra cause e sul trasferimento discrezionale di procedimenti da uno Stato all'altro nell'ambito del regolamento UE n. 209/1111