The Marburg Group's Comments on the European Commission's Parenthood Proposal
On 7 December 2022, the European Commission published a Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (Parenthood Proposal, PP).
In the book, the Marburg Group undertakes the first extensive and in-depth assessment of the Parenthood Proposal. While the Group welcomes the initiative of the Commission and embraces the overall structure of the Parenthood Proposal, it suggests several fundamental changes.
The Commission proposes common rules for the Member States in the domain of parenthood, addressing the classic issues of private international law: jurisdiction in parenthood matters (Art. 6 et seq. PP), the applicable law to parenthood (Art. 16 et seq. PP) and the recognition of court decisions in parenthood matters (Art. 24 et seq. PP). Furthermore, inspired by the European Certificate of Succession, the Commission recommends the introduction of a European Certificate of Parenthood, enabling European citizens to prove a parenthood position throughout the European Union, with uniform effects (Art. 46 et seq. PP). Finally, the Parenthood Proposal targets the cross-border circulation of authentic instruments on parenthood with two separate regimes: not only shall the evidentiary effects of authentic instruments be extended to other Member States (Art. 44, 45 PP), as they already are under the Succession Regulation, but, following the concepts of the Brussels IIb Regulation, the Commission even suggests that authentic instruments with binding legal effects shall be recognised in the same way as court decisions (Art. 35 et seq. PP).
The Marburg Group comprises a group of German private international law scholars. Members of the working group are Christine Budzikiewicz (Marburg), Konrad Duden (Leipzig), Anatol Dutta (Munich), Tobias Helms (Marburg) and Claudia Mayer (Regensburg).
About the Authors
Christine Budzikiewicz is Professor in private law, private international and European law, as well as comparative law and co-director of the Institute of Family Law at the University of Marburg (Germany). In 2008/2009, she was a visiting fellow at the Utrecht Centre for European Research into Family Law (Netherlands). Christine is co-editor of the journal Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) and co-organiser of the 'Dialog Internationales Familienrecht', an annual conference for the exchange between academia and practice on current issues of international family law. Christine is a member of the German Council of International Private Law, the reform commission of the German Family Court Association and the Ius Commune Research School (Netherlands). Her research interests focus, in particular, on issues of family and inheritance law, as well as private international law.
Konrad Duden is Professor in private law and private international law, as well as the Director of the Institute for Foreign and European Private and Procedural Law at the University of Leipzig (Germany). Previously, he was a Senior Research Fellow at the Max Planck Institute for Comparative and Private International Law in Hamburg (Germany) (2012-2022). He completed his studies at the Universities of Heidelberg, Bilbao and Cambridge (Germany, Spain, United Kingdom). He has been a visiting fellow inter alia at the University of Oxford (United Kingdom) and has taught at the Lomonosov Moscow State University (Russia) and the International Hellenic University in Thessaloniki (Greece). Konrad has been awarded various research prizes, including the Otto Hahn Medal of the Max Planck Society, the Gerhard Kegel Prize of the German Association of International Law and the Kurt Hartwig Siemers Science Prize of the Scientific Society of Ha
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