Law Commons^™

Civilrättslig Tvångsvård – Ytterligare Kommentarer Angående Omhändertaganden Och Bryssel Ii-Förordningen [Public Care By Private Law – Further Comments On Care Orders And The Brussels Ii-Regulation], Vilhelm Persson

Vilhelm Persson

The ECJ has determined that the Brussels II-regulation is applicable on decisions by public authorities concerning children in need of public care. This means that member states’ possibilities to determine their jurisdiction are limited by EU-law, even in matters that in Sweden are regularly considered to be parts of public law. It also means that not only Swedish but also EU-law fundamental rights must be respected by Swedish authorities. Further, the European Court of Justice has possibly paved the way for more rules on jurisdiction in public law matters.