La designazione del tutore dei minori ucraini rifugiati in Italia e il best interest of the child
- Autores: Roberto Ruoppo
- Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 107, Nº 1, 2024, págs. 216-225
- Idioma: italiano
- Enlaces
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Resumen
Following the unlawful invasion of Ukraine by Russian troups, a huge amount of refugees has come in Europe, and a great number of them are minors. Thus, European States have faced the need to apply tools of protection provided by both private law and private international law, such as the appointment of a guardian for minors arrived without the assistance of any person exercising parental responsibility. In this context a conflict of competences may arise between the national authorities of the State of habitual residence of the minor and those of the State where the child has taken refuge. For this purpose a pivotal role is played by The Hague Convention of 1996, whose provisions are analyzed in light of a recent decision of the Italian Court of Cassation. The analysis is mainly focused on those provisions concerning the issue of competence and the execution of foreign acts. Their implementation can be highly conditioned by the criterion of the best interest of the child.
