Unit:
Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών ΣυναλλαγώνLibrary of the School of Law
Supervisors info:
Χρυσαφώ Τσούκα, Αναπληρώτρια Καθηγήτρια, Νομική Σχολή ΕΚΠΑ
Χαράλαμπος Παμπούκης, Καθηγητής, Νομική Σχολή ΕΚΠΑ
Ελένη Μουσταΐρα, Καθηγήτρια, Νομική Σχολή ΕΚΠΑ
Original Title:
Η συμβολή του Κανονισμού 2019/11 στις υποθέσεις διεθνούς απαγωγής-Σύγκριση με τον Κανονισμό 2201/2003
Translated title:
The contribution of EU Regulation 2019/1111 to the international child abduction's cases-Comparison to EU Regulation 2201/2003
Summary:
International child abduction is a phenomenon that has reached great proportions as a result of the creation of international families. Its consequences are traumatic for the children, who are forcibly cut off from their environment and the parent who cared for them. These two aspects have raised the awareness of the international community, which has sought to address the civil aspects of international abduction by adopting the 1980 Hague Convention on the Civil Aspects of International Child Abduction. At the European level, Regulation (EC) 2201/2003 was adopted, recently replaced by Regulation (EU) 2019/1111. The aim of these legislative texts is to protect the best interests of the child, which is identical to the immediate return of the child, subject to certain exceptions. A central lever in this effort is the building of a system of international cooperation through the establishment of central authorities that undertake the coordination of the actions of the competent judicial and/or administrative authorities. This paper attempts to examine the main points of these three pieces of legislation, whose function is complementary. In addition, the main dysfunctions of the previous Regulation that made it necessary to recast it are highlighted, the new provisions of Regulation 2019/1111 are presented and its contribution is evaluated. The Greek and European case law, which is cited in the relevant sections, assists in this effort.
Main subject category:
Law and Legislation
Other subject categories:
Private international law
Keywords:
international child abduction, Hague Convention, Regulation (EC) 2201/2003, Regulation (EU) 2019/1111, return of children, refusal of return
