O princípio do superior interesse da criança na regulamentação das responsabilidades parentais pela União Europeia | 2017

Author(s) Ana Rita Oliveira Sousa Nogueira Lopes
Advisor(s) Anabela Susana Sousa Gonçalves
Year 2017

Synopsis As a result of several factors associated with globalization, we have witnessed, over recent years, the proliferation of plurilocalized legal relations and consequently the litigation arising from the rupture of these relations. In the European context, this reality has become more pronounced as a result of the progressive construction of an area without legal frontiers, imposing judicial cooperation mechanisms capable of regulating disputes. It is within this context of cooperation, in particular in the field of family law, Council Regulation (EC) n.º 2201/2003, of 27 November 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, proving to be an essential instrument in matters of supranational parental responsibility. The purpose of this dissertation is to analyze the provisions on jurisdiction, recognition and enforcement of judgments on parental responsibility, and international abduction, contained in that instrument. An attempt will be made to assess the extent to which they are compatible with the best interests of the child as a legal principle as set out in article 3.º of the Convention on the Rights of the Child and article 24.º of the Charter of Fundamental Rights of the European Union. In this context, it will be remembered that the principle of the best interest of the child is the guiding criterion for the regulation of all matters concerning children, resulting from their consecration to impose obligations on the Contracting States to this principle.

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2018-07-17T15:48:44+00:00