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基本説明
The 1980 Hague convention on the civil aspects of international child abduction appears to be a victim of its success, as it often happens. The appeal of the “return mechanism” coupled with the absence of other forms of “international protection” for parents, explain the ever-increasing requests of its application. It also provides a reason for the broadening of the legal concept of “child abduction” that embraces – according to national case law – various types of conduct, including lawful transfers of residence abroad. Certain “returns” amount, however, to new transfers and multiple transfers are inconsistent with the founding principles of the Hague Convention and of the best interests of the child. Mirroring these conflicting interests, national courts are often pitted against each other.
Even the tentative improvements of Regulation 2201/2003 encountered severe academic criticism and, what is more, their implementation by Member States occasioned Human Rights’ abuses ascertained by the Strasbourg Court (ECHR). Therefore, European Union’s institutions promote several projects for filling gaps in the dispute settlement system of “cross-border parental child abduction”.
In light of a comprehensive review of the legal framework at the international, European and national levels, the books proposes targeted solutions to ensure efficient protection for human rights – in particular the rights of children – but also to prevent contradictory decisions by Member States’ courts.
