Original scientific paper
https://doi.org/10.3935/zpfz.71.34.02
The Execution of Judgments of the European Court of Human Rights in International Parental Child Abduction Cases Before Croatian Courts – New Open Issues
Mirela Župan
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Paula Poretti
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Martina Drventić
orcid.org/0000-0002-0880-0382
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
The European Court of Human Rights (ECtHR) established a violation of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in several cases of international parental child abduction before Croatian courts. The length and the manner in which the proceedings concerning the return of the child were conducted constituted grounds for establishment of a violation of the right to a fair trial and the right to respect for private and family life. The execution of these judgments is still pending before the Committee of Ministers, despite the fact that the measures ordered resulted with a modified Croatian legal regime introduced through the Act on the Application of the Convention on the Civil Aspects of International Child Abduction. The Act includes a number of procedural improvements which align the practice of Croatian courts with international and European standards. However, the judgment of the ECtHR in Adžić v Croatia (no. 2) reveals that there is still no unambiguous answer to the question whether extraordinary appellate proceedings should be permitted in child abduction cases. Hence, the authors critically analyse the possibility of initiating an extraordinary appellate proceedings in these cases from a civil procedure and private international law aspect. The conclusion takes into account the specific circumstances of the case at hand as well as the case law of the ECtHR in relevant cases concerning other contracting states.
Keywords
cross-border parental child abduction; European Court of Human Rights; Adžić v Croatia (no. 2); retrial following a final and enforceable judgment
Hrčak ID:
266104
URI
Publication date:
15.11.2021.
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