Supreme Court No. 49642/2023: The Protection of Minors and the European Protection Order
The ruling of the Supreme Court No. 49642 of December 13, 2023, has opened new perspectives for the protection of minors involved in international abduction situations. The case involved A.A., the father of B.B., requesting the issuance of a European protection order, following a decision by the Judge of the Forlì Court that had declared the request inadmissible. This article analyzes the main aspects of the ruling and its impact on the protection of minors' rights.
The Legal Context and the Judge's Decision
The central issue concerned the application of Directive 2011/99/EU, which allows for the issuance of European protection orders to ensure the safety of vulnerable individuals in other member states. The Preliminary Investigating Judge had determined that, since the minor's place of residence was unknown, the protection order could not be issued. However, the Court of Cassation contested this interpretation, stating that the Directive aims to ensure the protection of the victim even in cases of forced transfers.
The Court held that the purpose of the European protection order is to ensure the continuity of the victim's protection in any member state.
The Reasons for Upholding the Appeal
The Supreme Court upheld A.A.'s appeal based on several considerations:
- Directive 2011/99/EU and Legislative Decree No. 9 of 2015 establish that protection measures must also apply in cases of international abduction of minors.
- The Judge erroneously considered the lack of a place of residence as a reason to deny the issuance of the protection order, failing to take into account the minor's vulnerability.
- Protection must be guaranteed even in the absence of a formally registered residence, as long as there are indications about her current whereabouts.
Conclusions
The ruling No. 49642/2023 represents an important step forward in the protection of minors in international abduction situations. The Court reaffirmed the principle that the safety and well-being of the minor must prevail over procedural issues. This case highlights the importance of a coordinated approach among the member states of the European Union to ensure the rights of minors and their protection, even across borders. It will be essential to monitor how this decision influences future applications of Directive 2011/99/EU in similar cases.
