Developments in PIL

EU Commission Launches Infringement Procedure against Poland for Violation of Brussels IIa Regulation

4k, Flag of Poland, grunge flags, European countries, national symbols, brush stroke, Polish flag, grunge art, Poland flag, Europe, PolandThe European Commission has announced earlier today that it has sent a letter of formal notice to Poland (INFR(2021)2001) for failure to fulfil its obligations under the Brussels IIa Regulation.

The infringement case concerns the non-conformity of the Polish law with the Brussels IIa Regulation, specifically the provisions relating to the enforcement of judgments or orders that require the return of abducted children to their place of habitual residence. The Commission considers that there is a systematic and persistent failure of Polish authorities to speedily and effectively enforce judgments ordering the return of abducted children to other EU Member States.

Poland now has two months to reply to the Commission’s letters of formal notice and take the necessary measures to remedy the breach of EU law identified by the Commission. Failing this, the Commission may decide to issue a reasoned opinion.

The editors of the blog welcome additional information on the background of this infringement action.

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