Mark Klaassen presented at the ‘Dialogue between Judges’ doctoral workshop
On Thursday 24 September 2015 Mark Klaassen presented at the Jean Monnet Doctoral Workshop at the University of Geneva. The title of his presentation was ‘The Best Interests of the Child Principle in Family Unification Cases: Different Approaches by the CJEU and the ECtHR’.
Klaassen argued that both the Court of Justice of the European Union and the European Court of Human Rights do not follow a principled approach in implementing the best interests of the child concept in the respective case law on the issue of family unification. Where the ECtHR is increasingly referring to the best interests concept, it seems that the CJEU makes less references to it in its case law. This was identified as a problematic issue considering that the member states must make the best interests of the child a primary consideration in every action involving children. The European courts offer insufficient guidance to the domestic administrations and judiciaries concerning the implementation of the best interests concept.