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This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of ...

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical ...

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission ...

The CIA's extraordinary rendition and secret detention programme has again come under the scrutiny of the European Parliament, which will ask the Commission and the Council during the June plenary about the measures taken to implement Parliament's recommendations on the matter.

Brussels IIa: Towards a Review

Briefing 15-09-2015

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies ...

When families break down, some parents resort to unlawful child abduction, taking their child abroad without the consent of the other parent. Seeking legal remedy is often complex and frustrating because of the different jurisdictions involved. The 1980 Hague Convention is the main international instrument in this area, and now has 93 participating states, including all EU Member States.

Upon request by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), this study aims at analysing the international, European and national legal framework applicable to cross-border parental child abduction, with a view to proposing recommendations for the improvement of the current system. In light of available statistics and case law, five recurrent scenarios giving rise to child abduction legal disputes have been identified. One common scenario is the wrongful ...

This report focuses on the Brussels II bis Regulation as the basis for EU provisions dealing with the illegal removal of children. It highlights recent Court of Justice cases of note and gives the perspective from the jurisdiction of England and Wales.

This briefing paper aims to provide information in relation to the phenomenon of child trafficking and abduction into, out of and within member states for the purpose of their abuse and exploitation. In particular the paper is directed towards child-specific considerations in relation to measures against trafficking, with particular regard to the Council of Europe Convention on Action Against Trafficking and the Treaty of Lisbon. It looks at such matters as statistical prevalence and data gathering ...