Quelques réflexions sur la compétence internationale du juge de paix en matière familiale

In Belgian family law practice, spouses may seize the justice of peace of disputes which require immediate attention. The justice of peace has special jurisdiction to issue urgent and preliminary relief in marital disputes. In this paper, I examine how this special jurisdiction is affected by the Brussels IIbis Regulation (Regulation 2201/2003) of the EU. In particular the question arises whether the justice of peace may simply refer to Article 20 of this Regulation in order to justify the exercise of jurisdiction, or whether the justice of peace should examine each head of relief sought by the plaintiff, with a view to determine whether the relief sought indeed falls within the ambit of the Regulation. I also examine how the requirements of territoriality, as construed by the Court of Justice, may be interpreted in the context of marital disputes.