Principiul interesului superior al copilului în dreptul Uniunii Europene. De la consacrare teoretică la recunoaştere jurisprudenţială în contexte cu elemente de extraneitate
The principle of the best interests of the child in the European Union law. From theoretical consecration to jurisprudential recognition in contexts with elements of foreignness

Summary/Abstract: With the entry into force of the United Nations Convention on the Rights of the Child, the universal principle of the best interests of the child has been repeatedly invoked with small variations in expression, in various legal, social and cultural contexts and also in international, European and national jurisprudence. In this study, we aim to identify, on the one hand, the international and European legal sources on which the principle of the best interests of the child is grafted, and, on the other hand, the difficulties faced by the European Union and the national courts in transposing this concept in legal reasoning, in particular when the host Member State has interfered in the minor’s family relationship with his or her parents by denying them the right to remain within the European territory. We will therefore draw attention to national case law contexts which have raised issues related to the application of the European law, in particular the provisions on the free movement of European citizens and their family members, noting that the preservation of the principle has forced the Luxembourg court to move away from the formalist interpretation of European Union law and to create exceptions to rules which, at first sight, did not allow any.

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