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The 1996 Hague Convention, EU: signing it is the interest of the Community

The European Union deemed the Hague Convention of 1996 an essential tool for protecting children's rights in situations of international "care"  and involving more Countries. The European Council has, in fact, adopted a decision urging Member States to sign the Convention in the interest of the European Community.

 

It is the only applicable to almost all protection's measures of children living in family discomfort and set up to foster the establishment of a common judicial area. The application of the Convention could settle a host of unresolved situations in which there are now thousands of children: those looked after, in foster care and moving from one country to another with whom has responsibility, children who come from countries hit by natural disasters or war or children in Kafala (a child protection's measure in the countries of North Africa).

 

The deadline for Italy and eight other countries (Austria, Belgium, Great Britain, Greece, Luxembourg, Spain, Sweden and Malta) had to ratify the Convention was set by the EU Council in June 5, 2010. On the 24th June the Directorate General of JFS of the European Commission, sped up the non-ratifying Countries to provide for setting the appropriate ratification instruments, noting that the Council's decision is legally binding.

 

The 5th of July the technical meeting of the Committee on Civil Matters at the Council of the European Union in Brussels confirmed the progress of ratification by countries like Spain and the United Kingdom, while Italy was not able to guarantee neither the time nor the desire to provide for the ratification.


If the European Commission will actually ascertain the inactivity of the Member States or the unwillingness to ratify it could take into consideration - with reference to the Art. 258 of the European Union Treaty -  the application of the infringement procedure foreseeing a proceedings before the Court of Justice of the European Union that could lead to a financial sanction for non-compliance with the Community Law.