Some Developments and Vulnerabilities in the Child Rights Protection System under the Umbrella of the European Family

• Published in: Athens journal of law (online) 2024-10, Vol.10 (4), p.651-666
• Main Author: Oprescu, Mihaela-Adriana
• Format: Article
• Language: English
• ISSN: 2407-9685; 2407-9685
• DOI: 10.30958/ajl.10-4-14

Bearing in mind that the European Economic Community was originally a purely economic construction, there is no consistent and relevant degree of conventionality in the relationship between the EU, on the one hand, and the family, in all its configuration, on the other. However, indirectly, through its own policies, the Union has shaped certain aspects of the concept of family, the free movement of European citizens and their family members being a case in point. In this study we aim to determine to what extent we can speak of the existence of the concept of the European family and to present the European standards that circumscribe the child in a family unit, including the adaptation of some "classic" rights of EU law to best suit the specific interests and needs of the child. Last but not least, we aim to present some vulnerabilities in the European system of protection of children's rights, caused either by inconsistency of the European legislator or by a lack of refinement in the interpretation of legal provisions relating to fundamental rights. Keywords: Child; Freedom of movement; Citizenship; Family member