• Home
  • About
  • ScoLAG
  • Advertise
  • Subscribe
Scottish Legal News - News, Events & Jobs in Scottish Law
  • News
    • Latest News
    • And finally…
    • Advertorials
  • Jobs
  • Events
  • Features
  • Book Reviews
  • Case Law


Faculty cautions against Commission plans for single appeal in child abduction cases

The Faculty of Advocates has identified a downside to plans by the European Commission to speed up child abduction court cases.

One of the proposed changes to the Brussels IIa Regulation, the “cornerstone of EU judicial cooperation in cross-border matrimonial matters”, is for a single appeal to be allowed against a court’s judgment for the return of an abducted child.

In Scotland, that would be an appeal to the Inner House of the Court of Session, with no further challenge to the UK Supreme Court.

“The proposal that there should be only one appeal is attractive in promoting expedition, particularly given the current procedures for appeal to the Supreme Court which now slow down second appeals (by requiring an application for permission to appeal…),” said the Faculty in comments on the rewriting of the Regulation.

“But the drawback is that the Supreme Court has been instrumental in elucidating legal principle in a number of cases. If we prevented a second appeal we would lose the capacity to secure an authoritative decision in cases of difficulty, bearing in mind that Supreme Court decisions have an impact on Hague (Convention) cases world-wide.”

The Commission’s plans are outlined at: http://europa.eu/rapid/press-release_MEMO-16-2359_en.htm

child abduction, commission, ec, faculty September 1, 2016

Tweet
Pin it

Related Posts

Lords vote to retain EU Charter of Fundamental Rights after Brexit

Featured in Slider /

Lords vote to retain EU Charter of Fundamental Rights after Brexit

CJEU: Torture victims eligible for subsidiary protection if facing intentional deprivation of health care

News /

CJEU: Torture victims eligible for subsidiary protection if facing intentional deprivation of health care

Father wins legal fight to prevent former partner taking daughter to live in Northern Cyprus

Featured in Slider /

Father wins legal fight to prevent former partner taking daughter to live in Northern Cyprus

‹ MPs call for new employment safeguards amid reports of pregnancy discrimination › Court of Session decision on hybrid complaints ‘perverse’, says SLCC chief executive

Latest Jobs

  • Litigation traineeship (Edinburgh) – Ledingham Chalmers
  • Senior Residential Conveyancing Solicitor – Mov8
  • Corporate & Commercial Solicitors (All Levels of PQE) – Blackadders
  • Voluntary Committee Members – Molendinar Park Housing Association
  • Scottish Real Estate Lawyer – Burges Salmon
  • Board Members – River Clyde Property Management
  • Dispute Resolution/Litigation (Senior Solicitor/Associate) – Jones Whyte Law
  • Trainee Solicitor – University of Glasgow

Latest Tweets

My Tweets

Back to Top

  • Home
  • About
  • ScoLAG
  • Advertise
  • Subscribe
© E-News Now 2015