Protecting the best interest of the child at European Union level: the case of Adoption
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2024-03-06 21:22
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VIŢĂ, Viorica. Protecting the best interest of the child at European Union level: the case of Adoption. In: Avocatul poporului (Revistă ştiinţifico-practică şi informativă de drept), 2013, nr. 7-8, pp. 28-33. ISSN 1810-7141.
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Avocatul poporului (Revistă ştiinţifico-practică şi informativă de drept)
Numărul 7-8 / 2013 / ISSN 1810-7141

Protecting the best interest of the child at European Union level: the case of Adoption

Protecţia interesului superior al copilului la nivelul Uniunii Europene. Adopţia - studiu de caz.


Pag. 28-33

Viţă Viorica
 
University of Bucharest
 
 
Disponibil în IBN: 4 mai 2020


Rezumat

Adoption constitutes an important subject within the boundaries of the European Union’s (hereinafter the “EU”) area of liberty, security and justice. As a part of European Judicial Cooperation in Civil matters and the emerging EU family law, adoption was frequently brought into discussions towards further harmonization and coordination between the Member States. The issue of adoption was further highlighted by the ‘Rights of the Child Policy’1 launched by the European Union. Yet, positive legislative steps in the domain were accurately avoided. Today, the European Union does not have a common policy regarding adoption. The rules of adoption are dictated by the fragmented national legal frameworks of each Member State. The principles drawn from the international agreements constitute a ‘de minimis’ common denominator in the field, leaving important grounds for ambiguity, gaps and even contradictions between the national legal systems. This article describes the actual challenges of adoption procedures within the EU. The work addresses in particular the child inter-state adoption between member states. It stresses the necessity of progress and closer cooperation as a natural consequence of the dynamic development of the area of civil justice. More action is needed in support of the declared priority of the European Union – Protection Promotion and Respect of the Rights of the Child. As the international conventions describe the family as a fundamental cell of the society, the natural environment for growth and wellbeing of children (in the vast majority of cases), the right to a family is doubtfully an important component of the “best interest of the child” principle.