Uno spazio di libertà, sicurezza e giustizia a misura di minori: la sfida (in)compiuta dell’Unione europea nei casi di sottrazione internazionale

Abstract

Children’s rights are addressed in various international instruments and in Brussels IIa Regulation (No 2201/2003). Having regard to EU competence in private international law issues related to family matters, Member States were requested to ratify the relevant Hague Conventions. In particular, the 1996 Convention on measures for the protection of children complements the Brussels IIa Regulation, by providing rules on the determination of the applicable law. Especially in cases of international child abduction, national authorities are called to adopt decisions by applying and coordinating all relevant provisions with the aim of ensuring the protection of children’s rights and their best interests. Against this background, the 2016 proposal for recast of the Brussels IIa Regulation suggested amendments in order to improve its effectiveness.