10 - The Rights of the Child and the Right to Respect for Family Life in the Revised Brussels II bis Regulation

Summary

This chapter provides an insight into how certain rights of the child – the definition of child, the best interests and the hearing of the child – have been incorporated in the recently revised Brussels II bis Regulation. The focus is on the 'overriding mechanism' in child abduction cases. The article points out major flaws in the current regulation’s scheme as illustrated in relevant CJEU case law. These shortcomings may affect the level of protection of the rights of the child, as well as the fundamental right to respect for family life under the ECHR. The chapter offers a critical view on the current regulatory scheme, particularly in the light of relevant CJEU case law. With a passing reference to the Commission’s 2016 Proposal, it details how the recently revised regulation (Brussels II bis Recast) deals with the weaknesses of the current framework and assesses the appropriateness and effectiveness of the amendments, critically examining whether the revised regulation is likely to overcome the difficulties encountered.