The significance and scope of the newly proposed Regulation on parenthood in cross-border situations

Gordanić Jelica (Institut za međunarodnu politiku i privredu, Beograd), jelica@diplomacy.bg.ac.rs
Radovanović Marina (Institut za međunarodnu politiku i privredu, Beograd), marina.radovanovic@diplomacy.bg.ac.rs

The modern, more liberal conception of the family, with the progress of reproductive technologies in practice, leads to negative consequences for the unhindered enjoyment of parental rights. Within the European Union (EU), the identity, property, educational, and other rights of children often come under attack due to differences in the legal systems of the member states regarding the grounds for determining parentage. Striving to reduce the negative consequences of the various material rules of the member states in the area of parenting while being guided by the primary interest of protecting the rights of the child, the European Commission submitted at the end of 2022 the Proposal for a Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of public documents in matters of parenting and the establishment of the European Certificate of Parenthood. With the proposed instrument, the Commission sought to strengthen the judicial cooperation of member states in civil matters, which is a prerequisite for achieving legal security and protecting children from discrimination based on origin. The unanimity of the member states in the Council will be necessary for the final adoption of this act. Voices of rebellion from the individual member states, frightened by the EU\'s excessive encroachment into the sensitive area of family law, cast doubt on the ultimate success of the initiative. Nevertheless, despite the structural, content, and territorial limitations of the newly proposed act, its broader social and political significance is unquestionable. The Commission\'s initiative, regardless of its final legal fate, should be an important model for a more decisive response by states in matters of parenthood with crossborder implications.

Keywords: EU, judicial cooperation in civil matters, family law, respect for family life, children’s rights, prohibition of discrimination, European Certificate of Parenthood