From the European Commission: Infringement Procedure Against Poland for Failure to Protect Children in Cross-border Family Proceedings

Last week (26 January 2023), the European Commission sent a letter of formal notice to Poland for failure to fulfil its obligations under Regulation (EU) No 2201/2003. In the Commission’s view, Poland does not comply with Brussels IIa Regulation provisions relating to the enforcement of judgments or orders that require the return of abducted children to their place of habitual residence. Moreover, it considers that there is a systematic and persistent failure of Polish authorities to speedily and effectively enforce judgments ordering the return of abducted children to other EU Member States.

In two months, Poland shall reply to the Commission’s letters and take the necessary measures to remedy the breach; failing that, the Commission may decide to issue a reasoned opinion.

On the return of abducted children, the readers of RDIPP may refer to:

Costanza Honorati, 2020, No 4, 796 ff.;
Costanza Honorati, 2017, No 2, 247 ff.;
Maria Caterina Baruffi, 2016, No 4, 975 ff.;
Costanza Honorati, 2015, No 2, 275 ff.;
Laura Carpaneto, 2014, No 4, 931 ff.;
Costanza Honorati, 2013, No 1, 5 ff.;
Laura Carpaneto, 2011, No 2, 361 ff.;
Sara Tonolo, 2011, No 1, 81ff.

Moreover, see, in our Book Series:

Stefania Bariatti, Ilaria Viarengo, Francesca C. Villata (eds.), Book No 81.