Criteriul interesului superior al copilului în determinarea competenţei instanţei judecătoreşti conform art. 10 alin. (1) lit. c) din Regulamentul (UE) 2019/1111
Best interests of the child criterion in determining the jurisdiction of the court under Article 10 para. (1) lit. c) of Regulation (EU) 2019/1111

Summary/Abstract: In the jurisprudence of Romanian courts and in the Romanian specialized literature, the principle of the best interest of the child has been analysed from the perspective of substantive and procedural law rules in relation to measures concerning children, but has not been considered in the matter of jurisdiction. The European Union legislator has added a new dimension to this principle, and it is regulated in EU law as a criterion to be applied by national courts when determining their own jurisdiction to settle claims concerning children in matters of parental responsibility in cross-border disputes. The purpose of this study is to identify the specific conditions under which the criterion of the best interest of the child may determine the jurisdiction of the national court to settle such a dispute, in accordance with Article 10 par. (1) letter (b) of Council Regulation (EU) 2019/1111, togheter with the difficulties in applying this criterion, by reference to the relevant Romanian law, and also to propose appropriate solutions to overcome said issues.

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