Marlene Brosch, Cristina M. Mariottini
Third Country Nationals and the Procedural Role of EU Family and Succession Law
Abstract: Analyzing the interface of private international and procedural law with situations that involve third country nationals is of the essence to promote a uniform and effective regulation of family and succession matters in pursuance of the free circulation of persons in the EU. The importance of this analysis is reaffirmed by the increasing migration flows from third States and by the refugee crisis that the EU Member States are experiencing to date. In particular, the variety of pertinent instruments, together with their possible different application at the national level, may prove to be a source of significant uncertainty. Against this background, this contribution examines the impact of procedural aspects in cases involving third country nationals on the objectives of predictability, effectiveness, and harmonized solutions in EU family and succession law.
Keywords: jurisdiction, recognition of status, lis alibi pendens, third country nationals, habitual residence, Brussels II bis Regulation, Brussels II ter Regulation