J.Mc.B v. L.E.: The Intersection of European Union Law and Private International Law in Intra-European Union Child Abduction

Authors

Claire Dekar

Abstract

The certified question and the legal impact of the Court of Justice's preliminary ruling on that question are the subject of this Comment. Part I explains the relevant provisions of the Hague Abduction Convention, Brussels II bis, and the implicated European human rights laws, and discusses the case in chief before the Irish High and Supreme Courts. Part II examines the Court of Justice's opinion on the certified question. Finally, Part III analyzes the impact of the opinion on J.McB. and his family, Brussels II bis and its interpretation, and the jurisprudence the Court of Justice regarding the protection of family life.

Recommended Citation

Claire Dekar, J.Mc.B v. L.E.: The Intersection of European Union Law and Private International Law in Intra-European Union Child Abduction, 34 Fordham Int'l L.J. 1430 (2011).
Available at: https://ir.lawnet.fordham.edu/ilj/vol34/iss5/11