The Danubian States Concern over the Solution of Cases with Minors

  • Lenuta Giurgea University of European Studies of Moldova
  • Carmen Ion University of European Studies of Moldova
Keywords: minor; court; law; international; liability

Abstract

Throughout the time, the growing number of international couples has led to the appearance of an impressive amount of litigation involving minors, which also represent the most difficult legal issues.

In order to  solve them, the Member States make every effort to align with the relevant legislation. Managing such an international process is a great challenge for legal specialists.

At European level, this challenge is exacerbated by both the high standards and the guarantees provided to the parties in both international and Community civil proceedings.

In the past, children's rights were not completely approached in the European Union. The only legislative framework was the regulation of large-scale economic and political issues affecting children.

At present, there is a macro level concern about children projection, including the protection of all their rights and freedoms. There is an ongoing important role in the cases concerning minors within the European Court of Justice. Until recently, the Court had resolved only a few such cases. As new, much clearer legislative measures have been adopted regarding the children's rights, the cases resolved by the court have skyrocketed. Many of these decisions refer to children's rights in terms of free movement.

Author Biographies

Lenuta Giurgea, University of European Studies of Moldova

PhD student in the Doctoral School of Legal Sciences and International Relations

Carmen Ion, University of European Studies of Moldova

PhD student in the Doctoral School of Legal Sciences and International Relations

References

1. UN General Assembly (UNGA) (1989), Convention on the Rights of the Child, 20 November 1989.
2. http://www.coe.int/t/dg3/children/
3. the order of 30 September 2003 in the case of Gerhard Köbler v. Republic of Austria (Case No C-224/01 Case law 2003 2003 I-10239
4. See CJEU, C-413/99, Baumbast and R / Secretary of State for the Home Department, 17 September 2002; CJEU, C-200/02, Kunqian Catherine Zhu and Man Lavette Chen / Secretary of State for the Home Department, 19 October 2004; CJEU, C-148/02, Carlos Garcia Avello v Belgian State, 2 October 2003; CJEU, C-310/08, London Borough of Harrow / Nimco Hassan Ibrahim and Secretary of State for the Home Department [GC], 23 February 2010; CJEU, C-480/08, Maria Teixeira / London Borough of Lambeth and Secretary of State for the Home Department, 23 February 2010.
5. Aurora Ciucă, The best interest of the child. New meanings of a "magic formula", UJ Mag (https://www.universuljuridic.ro/interesul-superior-al-copilului-noi-sensuri-ale-unei-formule-magice/)
Published
2021-09-28
Section
Danubian Economy and Legislation