Some Aspects of International Children Abduction - Theoretical and Practical Approach from the Perspective of the European Law and Judicial Practice

• Author: Gabriela Lupsan
• Pages: 234-239

European Integration - Realities and Perspectives. Proceedings 2015

234

Some Aspects of International Children Abduction - Theoretical and

Practical Approach from the Perspective of the European Law and Judicial

Practice

Gabriela Lupşan1

Abstract: Everyday life revealed even in the media by presen ting cases of international abduction of minors,

on the one hand, and on the other hand, the existence o f cases increasingly complex from the national/ EU

practice, to which we should add the insufficient analysis in the doctrine of the topic in represent ing some

evidence to support the elaboration of this paper. Through its international and / or European regulations

(Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which is

supplemented by Regulation (EC) no. 2201/2003 of 27 November 2003 concerning jurisdiction, the

recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility,

(prevailing the latter) and national on es (Law no. 63/2014 amending and supplementing Law no. 369/2004 on

the application of the Convention on the Civil Aspects of Internati onal Child Abduction which Romania

adhered to by the Law no. 100/199), the legislator sou ght to ensure the prompt return of children abducted in

the Member State of origin, the objective being the same: discouraging underage chil d abduction by a parent

or by third parties, usually relatives and, in case of committing an act of international abduction of minors,

ensuring the best interests of the child through the cooperation of the competent authorities in the field. The

structure includes sections that address theoretical issues (e.g. the notion of international abduction of minors,

regulations, procedure for solving the request, the competent authorities) and practical aspects, without

neglecting the interpretation given by the Court of Justice of the European Union of some texts from th e

Regulation.

Keywords: return of the child; the child's residence; jurisdiction; exequatur; the EU Court of Justice

1. The Regulations

Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction was

ratified by all Member States of the European Union, including Romania and it shall apply in cases of

child abduction between Member States. The provisions of the Hague Convention of 1980 are

supplemented by the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning

jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters

of parental responsibility2, so that the provisions of the Regulation prevails over the Convention in the

1 Assistant Professor, PhD, Faculty of Law, “Danubius” University of Galati, Romania, Address: 3 Galati Boulevard, 800654

Galati, Romania, Tel.: +40.372.361.102, fax: +40.372.361.290, Corresponding author: gabriela.lupsan@univ-danubius.ro.

2 Published in OJ L 338, 23.12.2003, p. 1. The Regulation applies to all Member States of the European Union, except

Denmark, from March 1, 2005 (except articles 67-70, which entered into force on 1 August 2004). It is known in the

specialized literature as “Brussels II bis Regulation”. On this regulation, see Ioana Burduf, Ulrike Frauenberger, Maria