Pacuła Krzysztof, Szpunar Maciej, Forum of necessity in family law matters within the framework of EU and international law
Forum of necessity in family law matters within the framework of EU and international law
Keywords: Forum necessitatis, forum of necessity, EU private international law, access to justice, universal jurisdiction, forum non conveniens, fundamental rights
1.Introduction
In an insightful study on the case-law of the ECtHR developed in the context of EU private international law regulations on family matters, P. Kinsch notes that the famous judgment of 2018 in the case Naït-Liman v. Switzerland contains a reference to the forum of necessity provided for in Art. 11 of the Succession Regulation . Somewhat provocatively, he points out that the Strasbourg case did not concern anything as „mundane” as the EU family regulations. Instead, „it concerned torture in Tunisia, and the denial of a forum in Switzerland for a claim for damages against the Tunisian state and its former Minister of the Interior” .
It may be, however, that the cases on unlawful conducts that are undeniably prohibited under international law, such as the Naït-Liman v. Switzerland case (i.e. the prohibition of torture), are not...
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