On December 7th 2016 we had a chance to be attendee of Webminarium entitled “International child abductions in the light of the European Court of Human Rights’ case-law” arranged by one of the most important organization actively work within this field LEPCA (Lawyers in Europe on Parental Child Abduction).
Presentation was strictly connected with regulations regarding proceedings pending before European Court of Human Rights in Strasbourg, which has been created in order to oversee the European Convention of Human Rights constituted in 1950. We had a great opportunity to get familiar with this essential institution, within jurisdiction are located 47 member states. Common procedural features and criterion of submitted applications have been presented, such as written form, the way of functioning various mechanisms of procedure, public character of documents, adversarial proceeding only after communication or direct access to the court.
Speaker discussed regulations considering availability of those procedures – individual petition right, state petition right and locus standi of the abducted child according to articles 34 and 35 ECHR. Speaker mentioned about various elements of proceeding e.t. third invention, priority treatment, different proceedings channels or interim measures in child abduction cases. We found out, that European Court of human Rights has faced so far 1009 cases and some of them are still pending. Moreover, the relevant provisions of the ECHR regarding abduction cases have been discussed in consideration with article 8 ECHR. At the end Speaker treated about applications lodged by the parents whose child has been abducted with its legal issues and Hauge Conventions.
The meeting gave us many valuable clues and answers to important questions regarding cross border family law cases. Surely it will influence on efficiency of our work. We are looking forward to take part in the next part of this LEPCA’s Webminarium.
The information was prepared by Anna Bednarska of KG Legal Polish Law Firm. KG Legal provides specialised legal assistance to IT, Life Science as well as investment processes in Poland and organises networking between Polish and international companies and research centres.