Účast České republiky na posílené spolupráci v EU v oblasti evropského mezinárodního práva soukromého
| Title in English | Participation of the Czech Republic in the enhanced cooperation in the EU in the field of European private international law |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Cofola 2024 |
| Citation | |
| Keywords | Enhanced Cooperation; European Private International Law; Additional Accession to Enhanced Cooperation; Withdrawal from Enhanced Cooperation. |
| Description | Under Article 20 of the Treaty on European Union, Member States of the European Union can establish enhanced cooperation among themselves, allowing for more advanced and faster integration in a certain area. This area includes European private international law. The Czech Republic participates in enhanced cooperation on matrimonial property regimes and the property consequences of registered partnerships, but not in enhanced cooperation on the law applicable to divorce and legal separation. The article aims to analyse selected theoretical and practical aspects of non-participation in this enhanced cooperation. In the area of applicable law for divorce and legal separation, the position of why (not) to additionally join the enhanced cooperation will be evaluated and within this framework the article deals with the theoretical aspects of the additional accession. For the regulations where the Czech Republic participates, the possibility of withdrawing from enhanced cooperation will be analysed in particular. For this unclear question of the possibility of withdrawal, the existing theoretical background will be presented and the authors will then present, using the example of the property consequences of registered partnerships, why this option should be clearly allowed without a complex process. |
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