International child abduction. Invoking the ground for review provided for by Article 509 para. (1) item 10 of the Code of Civil Procedure. Examination of the admissibility requirements

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The review of a judgment delivered on the merits or evoking the merits may be requested when the European Court of Human Rights found an infringement of the rights or fundamental freedoms due to a court order, and the serious consequences of this infringement are further produced. The defendant referred to the European Court of Human Rights, and according to the decision delivered on 21 May 2019 it was acknowledged the breach of art. 8 of the Convention, on the ground that the national courts did not examine the accusations regarding the existence of a serious risk in a manner compatible with the best interests of the child and within the limits of the procedural framework of the Hague Convention. The serious consequences of this breach shall further exist, under the circumstances in which the claimant initiated the enforcement procedure of the court order, with a view to return the two minor children to their habitual residence from Italy.