The intra-EU child abduction regime : necessity or caprice? : empirical study of the effectiveness of child abduction provisions in the Brussels IIBis regulation : the added value of the new intra-EU child abduction regime

Abstract

The key instrument providing for a worldwide regulation of international parental child abduction has long been the Hague Convention of 25 October 1980 on the Civil Aspects of International Child.  The Convention has been in force since 1983 and has proved a phenomenal success. Within the European Union, the operation of the 1980 Convention has been modified by certain provisions of the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters and the Matters of Parental Responsibility, repealing Regulation (EC) No. 1347/2000.  The Regulation entered into force on 1 March 2005 and applies to child abduction cases between the EU Member States except for Denmark.  This regional instrument aims at creating even more ambitious rules on child abduction by imposing stricter obligations to assure the prompt return of a child. Despite the ambitious goal of strengthening the deterrence of child abduction within the borders of the Union, the new child abduction regime did not receive a warm welcome by commentators. The thesis aims at critically evaluating the evolution of the new intra-EU child abduction regime, and examining to what extent the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels IIbis Regulation.  It also seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction, and tightening the 1980 Hague Convention return mechanism. Not less importantly, the thesis aspires to reveal how effectively the new return mechanism operates and what are the points of concern in respect to the functioning of the new child abduction scheme.EThOS - Electronic Theses Online ServiceGBUnited Kingdo