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
SUMMARY

Everyday life revealed even in the media by presenting cases of international abduction of minors, on the one hand, and on the other hand, the existence of cases increasingly complex from the national/ EU practice, to which we should add the insufficient analysis in the doctrine of the topic in representing some evidence to support the elaboration of this paper. Through its international and / or ... (see full summary)

 
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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

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