International jurisdiction in case of internacional child abduction to third states: An análysis of the CJEU Judgment of 24 march 2021, SS v MCP, Case 603/20
DOI:
https://doi.org/10.5944/rduned.29.2022.34286Keywords:
international child abduction, third State, jurisdiction, habitual residence, perpetuation foriAbstract
This paper will analyze the content of the SJUE of 24 March 2021, case C-603/20 PPU, where the CJEU interprets for the first time the scope of Article 10 of the Brussels II a Regulation. The study will be approached from different perspectives, taking into account: the jurisprudential perspective, —studying the existing precedents on the matter, both in the United Kingdom and by the CJEU-; the conceptual perspective, analyzing the current wording; the previous Proposals, and, finally, their necessary coordination with the 1980 Hague Convention and the 1996 Hague Convention. Finally, it will be examined whether the ruling is in accordance with the principles governing European Union Law, such as the principle of mutual recognition of judicial decisions, mutual trust, proximity and the best interests of the child.
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