Mutual Trust Through the Looking Glass: The Protection of Childrens’ Fundamental Rights in EU Return Proceedings
(2020) Oñati Socio-Legal Series — (2020)
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- Abstract
- EU proceedings for the return of the child following abduction, require the courts of the Member State of refuge to presume and trust that the courts of the Member State where the child was habitually resident immediately before the abduction, are capable and willing to protect the EU fundamental rights of the child concerned. Therefore, they should not be afraid to consistently enforce a certified judgment requiring the immediate return of the child, even in situations where that return is manifestly contrary to that child’s best interests. The purpose of this article is to highlight that in actual fact there is a necessity for courts to go beyond absolute trust, in order to ensure adequate protection of children entangled in EU return proceedings.
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Citations
Bartolini, S. (2020). Mutual Trust Through the Looking Glass: The Protection of Childrens’ Fundamental Rights in EU Return Proceedings. Oñati Socio-Legal Series. Submitted. https://hdl.handle.net/2078.5/259645 (Original work published 2020)