The Child’s Best Interests as a Gap Filler and Expander of EU Law in Internal Situations
Iris Goldner Lang, "The Child’s Best Interests as a Gap Filler and Expander of EU Law in Internal Situations", In K.Ziegler, P. Neuvonen and V. Moreno-Lax (eds.), Research Handbook on General Principles of EU Law, Edward Elgar Publishing, 2019
16 Pages Posted: 30 Apr 2020
Date Written: April 18, 2020
The concept of the child’s best interests is recognised in a number of EU legal and policy documents However, its exact legal nature in EU law remains uncertain. Is it a general principle of EU law, a ‘mere’ legal principle, an ’ordinary’ EU rule granting a fundamental right, or something else? This chapter sets out to demonstrate that there are strong arguments suggesting that the concept of the child’s best interests can be viewed as a (constituent part of a) general principle of EU law. This has an interpretative and gap-filling function, which has enabled the evolution of EU law and its expansion to a new category of internal situations, which previously used to be outside the scope of EU law.
Keywords: best interests of the child, general principle of EU law, family reunification, EU citizenship
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