COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS
Council Regulation (EU) 2019/1111, recently entered into force, brought significant progress for EU Member States in the specific area of international child abductions. In the context of freedom of movement within the European Union guaranteed by art. 21 TFEU, there is an ever-increasing number o...
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Nicolae Titulescu University Publishing House
2024-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_012.pdf |
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| _version_ | 1841563012511563776 |
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| author | Anca Magda VOICULESCU |
| author_facet | Anca Magda VOICULESCU |
| author_sort | Anca Magda VOICULESCU |
| collection | DOAJ |
| description | Council Regulation (EU) 2019/1111, recently entered into force, brought significant progress for EU Member States in the specific area of international child abductions. In the context of freedom of movement within the European Union guaranteed by art. 21 TFEU, there is an ever-increasing number of transnational families, and an equally increasing risk of international child abductions when these families break up. Strongly supporting the general principle according to which an abducted child shall promptly be returned to the state of habitual residence, Council Regulation (EU) 2019/1111 narrows the application of the most frequently encountered exception to this principle, namely the “grave risk” exception. The purpose of the article is to analyse the child protection measures ensuring the application of the principle of prompt return, even when a serious risk is associated with the return of the child to the state of habitual residence. Hence, the objectives of the present study are to identify the progress from private international law to EU law, and also the way in which the relevant EU regulations - Council Regulation (EC) 2201/2003 and Council Regulation (EU) 2019/1111 - have constantly evolved in relation to protection measures, intended to remove from application the serious risk defense. Moreover, as these protective measures are not indicated even by the actual Council Regulation (EU) 2019/1111, the article will further examine the most significant procedural and substantive aspects, as they arise from legislation in force and the case-law of the courts in Member States. |
| format | Article |
| id | doaj-art-9f19f0331571474096f4689a4b28b334 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-9f19f0331571474096f4689a4b28b3342025-01-03T00:34:07ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962024-05-01171348358COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONSAnca Magda VOICULESCU0Assistant Professor, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: anca.voiculescu@univnt.ro); Judge at Bucharest Court of Appeal, seconded at the Ministry of Justice, Directorate of International Law and Judicial Cooperation (Head of Civil Service); trainer in family law at Romanian National Institute of Magistracy; Romanian designated judge in International Network of Hague Judges for 1980 Hague Convention on the Civil Aspects of International Child Abduction.Council Regulation (EU) 2019/1111, recently entered into force, brought significant progress for EU Member States in the specific area of international child abductions. In the context of freedom of movement within the European Union guaranteed by art. 21 TFEU, there is an ever-increasing number of transnational families, and an equally increasing risk of international child abductions when these families break up. Strongly supporting the general principle according to which an abducted child shall promptly be returned to the state of habitual residence, Council Regulation (EU) 2019/1111 narrows the application of the most frequently encountered exception to this principle, namely the “grave risk” exception. The purpose of the article is to analyse the child protection measures ensuring the application of the principle of prompt return, even when a serious risk is associated with the return of the child to the state of habitual residence. Hence, the objectives of the present study are to identify the progress from private international law to EU law, and also the way in which the relevant EU regulations - Council Regulation (EC) 2201/2003 and Council Regulation (EU) 2019/1111 - have constantly evolved in relation to protection measures, intended to remove from application the serious risk defense. Moreover, as these protective measures are not indicated even by the actual Council Regulation (EU) 2019/1111, the article will further examine the most significant procedural and substantive aspects, as they arise from legislation in force and the case-law of the courts in Member States.http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_012.pdfeu regulationsinternational abductionprompt returngrave riskmeasures of protection |
| spellingShingle | Anca Magda VOICULESCU COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS Challenges of the Knowledge Society eu regulations international abduction prompt return grave risk measures of protection |
| title | COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS |
| title_full | COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS |
| title_fullStr | COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS |
| title_full_unstemmed | COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS |
| title_short | COUNCIL REGULATION (EU) 2019/1111: NEW PROGRESS IN INTERNATIONAL CHILD ABDUCTIONS |
| title_sort | council regulation eu 2019 1111 new progress in international child abductions |
| topic | eu regulations international abduction prompt return grave risk measures of protection |
| url | http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_012.pdf |
| work_keys_str_mv | AT ancamagdavoiculescu councilregulationeu20191111newprogressininternationalchildabductions |