Cross-Border Placement of Children within the European Judicial Space : First Thoughts on the Recast Brussels IIa Regulation in Light of the German Experience

The European Parliament has commissioned a study on “Cross-border placement of children in the European Union”. The purpose of the Study was to determine the breadth and types of problems connected to the crossborder placement of children (Grenzüberschreitende Unterbringung von Kindern2), the application of Article 56 of EC Regulation n° 2201/2003 (Brussels IIa), and to provide recommendations for improving the legal framework regarding, in particular, the recast of Brussels IIa Regulation. The present report was presented to the Coordinator of the Study on January 15th, 2016, and takes into account the available information up until that date and – by considering the German experience – hopes to offer some critical thoughts on the proposal for recast of the Brussels IIa Regulation.