Children under Brussels II ter Regulation

Biagioni, Giacomo;Carpaneto, Laura

2021-01-01

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Abstract

The recast of the Brussels II bis Regulation focused primarily on the rules concerning children, with the aim of better protecting “the best interests of the child by simplifying the procedures and enhancing their efficiency”. Has the mission been accomplished? The paper seeks to answer this question by reflecting on the role of the principle of best interests in Regulation 2019/1111 and by considering the new rules of the Regulation concerning jurisdiction, children’s right to participate in proceedings affecting them and protection measures in the light of the same principle.