La protezione dei minori stranieri non accompagnati nella giurisprudenza europea: quale possibile influenza sulle proposte contenute nel nuovo Patto sulla migrazione e l’asilo?

Abstract

In the absence of a comprehensive international framework for the protection of unaccompanied minors, the ECtHR jurisprudence played a fundamental role in exercising a strong influence on the EU legislation on international protection, as amended since 2011. More recently, alongside the Strasbourg judges’ contribution, the EU Court of Justice delivered some important judgments, originating from preliminary rulings, which clarified the interpretation of the rules applicable to unaccompanied minors. This article, after analysing the influence of the jurisprudence on the first reform of the Common European Asylum System, aims to focus on the most recent interventions of the European Courts in order to assess their impact on the reform that started with the presentation by the Commission of the New Pact on Asylum and Migration.