The principle of mutual trust versus the child’s right to be heard : Some Observations on the Aguirre Zarraga Case

Raffai, Katalin (2016) The principle of mutual trust versus the child’s right to be heard : Some Observations on the Aguirre Zarraga Case. Hungarian Journal of Legal Studies, 57 (1). pp. 76-86. ISSN 2498-5473

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Abstract

This central topic for this article is a CJEU decision that allows for the study of the application of the principle of mutual trust and a child’s right to be heard in the enforcement of a decision ordering the return of a child wrongfully taken abroad. The article also looks at the jurisdiction of a requested court being able to refuse the enforcement the above-mentioned decision by reference to violation of its own constitutional principles or to the grave violation of the basic rights of the child. In the Zarraga case, in connection with the facts of the wrongful removal of a child, the CJEU came to face the issue of how to reconcile EU principles such as the principle of mutual trust with principles of procedure within the area of fundamental human rights, such as the child’s right to be heard.

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