THE REGULATION WITH RESPECT TO THE „IMPAIRMENT” OF THE CONTRAVENTION TRIAL ON ACCOUNT OF „THE DIGITALIZATION OF JUSTICE”. THE REASONING OF THE CONSTITUTIONAL COURT IN DECISION NO. 19/2022 AND ITS EFFECTS Cover Image

INTERPRETAREA ŞI APLICAREA PRACTICĂ A EXCEPŢIEI DE RISC GRAV, PREVĂZUTĂ DE ART. 13 ALIN. (1) LIT. B) DIN CONVENŢIA DE LA HAGA, ASUPRA ASPECTELOR CIVILE ALE RĂPIRII INTERNAŢIONALE DE COPII, ÎN CAZURILE DE VIOLENŢĂ DOMESTICĂ
THE REGULATION WITH RESPECT TO THE „IMPAIRMENT” OF THE CONTRAVENTION TRIAL ON ACCOUNT OF „THE DIGITALIZATION OF JUSTICE”. THE REASONING OF THE CONSTITUTIONAL COURT IN DECISION NO. 19/2022 AND ITS EFFECTS

Author(s): Georgeta-Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Studies in violence and power
Published by: Universul Juridic
Keywords: child abduction; the grave risk exception; protective measures; domestic violence;

Summary/Abstract: The main purpose of the current paper is to investigate the grave risk exception that can be invoked in cases that deal with prompt return of children wrongfully removed to or retained in any Contracting State to Hague Convention on child abduction. In this regard, we took into account the practical interpretation offered through the Guide to Good Practice under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Part VI, article 13 (1) (b) and then we presented a case on which the European Court of Human Rights had ruled.

  • Issue Year: 2022
  • Issue No: 04
  • Page Range: 161-174
  • Page Count: 14
  • Language: Romanian