Maintenance Obligations and what Training for Judges to deal with Cross Border Issues (especially focused on the Relationship between the Community Draft Instruments and the Works done in the Framework of the Hague Conference on Private International Law)

The Proposal for a Regulation on maintenance obligations (PRMO) and the Preliminary Draft Hague Convention and Protocol on family maintenance (PDC and PDP) have a different scope, both substantive and personal. Limited interference between the PRMO and the PDC may occur in respect of jurisdiction rules since the latter does not provide rules of direct jurisdiction. The indirect rules of jurisdiction of the PDC will have an impact at the phase of recognition and enforcement of a decision given in a Member State. As concerns the designation of the applicable law, both instruments allow a limited party autonomy and aim at the protection of the maintenance creditor, that usually is the weaker party. Nevertheless, due account is taken of the interest of the debtor. Should the Community and its Member States decide to become parties to the PDP, difficulties may arise in this field in case of inconsistencies between the two sets of rules since both will apply erga omnes. In respect to recognition and the enforcement of judgments some interference between the two systems is possible in particular cases notwithstanding Article 49. It appears that the EC and the Member States will share the external competence to enter into the Hague instruments.