Il progressivo rafforzamento dello “status di nonno” nel sistema di tutela europeo e nazionale

Abstract

This article concerns the progressive strengthening of the “status” of grandparent in the European and national system. In this regard, the European Court of Justice has interpreted the concept of “visiting rights” (Article 1(2)(a) and Article 2(10) of Council Regulation (EC) No. 2201/2003) as encompassing also the visiting rights grandparents in respect of their grandchildren; the European Court of Human Rights has held that the ties between grandparents and grandchildren are family ties for the purposes of Article 8 of the Convention and, finally, also the Italian Legislator and judges have gradually recognized to the grandparents a legally relevant position in accordance with the international trend.