The European project on the management of international child abduction procedures considering the provisions of the Brussels II ter Regulation organized by the European Institute of Public Administration (EIPA).

The European project “How to manage cross-border child abduction proceedings?” Return decisions, non-return decisions and their execution in view of the Brussels II Ter Regulation” organized by the European Institute of Public Administration together with the National Union of Romanian Bar Associations was a total success.

Both the presentations of the speakers (judges from Germany and Austria, European lawyers with consolidated experience in this legal field) helped us, the participants, to understand how to better manage the procedures and master the concepts of substantive law in relation to the new Regulation. which will enter into force on August 1, 2022.

Personally, I wanted to clarify the issue of jurisdiction, transitional provisions and the prevailing mechanism. I would have liked Member States to reach an agreement on the specific definition of the minor’s “habitual residence”, taking into account its important legal consequences in relation to international judicial jurisdiction in matters of parental responsibility.

Probably, in 2032, after another decade, we will have a reformed Regulation II ter and the notion of “ordinary residence” will receive a concrete, clear and precise definition.

In short, the great mobility of modern life represents a real legal challenge (both for lawyers and judges) to identify the fair solution that protects, on the one hand, the best interest of the minor and, on the other hand, the parent who is in a vulnerable position. #EIPA #UNBR