Provisional measures and the best interests of the child in the field of parental responsability

It is unanimously acknowledged that speedy action by courts is crucial when it comes to protecting the legal rights of minors in disputes concerning them, particularly where young children are involved. Thus, we may certainly say that speed is an essential element of the adjudication process for pursuing the best interests of children, as a procedural rule. On the other hand, the need to analyse all the elements necessary in the particular case to determine the best interests of the child in the substantive sense inevitably affects the duration of proceedings, which can oft en become quite complex. Moreover, the conflict between speed and thoroughness is heightened in matters of parental responsibility, and is balanced within domestic legal systems by procedural rules that provide for interim measures of protection. The provisions on provisional and protective measures found in Regulation (EC) No. 2201/2003 are intended to bring about the same result in cross-border controversies. This chapter will investigate the ways in which this Regulation implements the principle of the superior interests of the child, as well as how this principle, as incorporated in EU law, may be perceived through it. This analysis is particularly timely today, in light of the recent recast of the Regulation, not least of all in order to verify if, and to what degree, the modifications that had been proposed by the Commission, and those eventually adopted, effectively move toward strengthening the protection of children.