Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Children and the European Union: Rights, Welfare and Accountability


ISBN13: 9781841137650
Published: August 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £34.99



Low stock.

Also available as
£29.16
+ £5.83 VAT

This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, immigration and child protection.

Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of Community law by the ECJ, coupled with important constitutional developments, have prompted the institutions to develop a much more robust children's rights agenda.

This culminated in the Commission's launch, in July 2006, of a comprehensive EU strategy to promote and safeguard the rights of the child as well as the incorporation of a range of children's rights provisions into the proposed Lisbon Treaty.

The book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Subjects:
Family Law, EU Law
Contents:
Introduction: Children and the European Union
1. The Value and Scope of EU Action in Relation to Children
Introduction
Is There a Need for EU Action in the Field of Children's Rights?
The Added Value of EU Action in Relation to Children's Rights
The Strategic Importance of Investing in Children's Rights at EU Level
Valuing and Facilitating Children's Present Contribution to the EU
Does the EU have the Capacity to Regulate Children's Rights?
The EU's Institutional Capacity to Drive Children's Rights Forward
The Importance of a Reliable Evidence Base
Key Dynamics Shaping the Development of Children's Rights at EU Level
Defining the Boundaries between EU Action and Domestic Action in the Field of Children's Rights
Defining 'Child' under EU Law
'Child' as an Age-Based Construct under EU Law
'Child' as a Biological Construct under EU Law
'Child' as a Dependency-Based Construct under EU Law
Conclusion
2. The Ideology of EU Children's Rights
Introduction
Defining a Rights-Based Approach to Regulating Children's Lives
The Legal Currency of Fundamental Rights at EU Level
Sources of Children's Rights at EU Level
The UNCRC as an EU Children's Rights Tool
The Legal Status of the UNCRC at EU Level
The ECHR as a Children's Rights Tool
Children's Rights and the Charter of Fundamental Rights of the European Union
The EU's Capacity to Advance Children's Rights: A Question of Competence
Additional Conceptual Frameworks for Pursuing Children's Rights at EU Level
EU Citizenship as a Children's Rights Mechanism
Non-Discrimination as a Normative Framework for Pursuing Children's Rights
Using EU Non-Discrimination Law to Protect Children's Rights
Social Inclusion as a Framework for Protecting Children's Rights
Conclusion
3. Children, Family Life and EU Migration Law
Introduction
Adopting a Rights-Based Approach to Migrant Children's Family Life
The Nature and Scope of Children's Family Rights under EU Migration Law
Conceptualisations of 'Child' and 'Family' under EU Migration Law
The Family Rights of Third Country Nationals under EU Law
Restrictions on Children's Rights under Immigration Law
The Importance of 'Dependency' in Determining Migrant Children's Family Rights
Extricating Children's Family Rights from the Economic/ Self-Sufficiency Nexus?
The Nature and Scope of 'Separated' Children's Rights under EU Immigration Law
The Importance of Detaching Children's Migration Status from that of their Family
Situating Children within Migration Research
Conclusion
4. Children's Rights under EU Family Law: Custody, Access and Parental Child Abduction
Introduction
The Scope of and Reasons for EU Family Law
The Position of Children in the Divorcing Family: Sociological Perspectives
The Evolution of EU Family Law Regulating Divorce and Parental Responsibility
The Nature and Scope of Children's Rights Provision under the Brussels IIbis Regulation
EU Family Law and the Best Interests Principle
The Content and Scope of the Best Interests Principle under Brussels IIbis
The Growing Prominence of Best Interests in Child Abduction Cases? Reconciling Neulinger and Zarraga
Brussels IIbis and the Voice of the Child
Age and Capacity as a Barrier to Child Participation
Divergence Between National Child Consultation Procedures
Child Participation and the Six Week Deadline in Child Abduction Cases
Conclusion
5. Maintenance, Mediation and the Future of EU Family Law
Introduction
Enforcing Child Maintenance Cross-Nationally
EU Legal Framework Governing Cross-National Child Maintenance
Towards Harmonisation of Family Law? The New Rules on Applicable Law
Is the EU Maintenance Regulation Compatible with Children's Rights?
Recovery of Child Maintenance under EU Free Movement Law
EU Developments in the Field of Family Mediation
Achieving Effective Cross-National Mediation
EU Mediation Directive
Mediation: Empowering Adults but Disempowering Children?
Problems of Enforcing Mediated Agreements Relating to Children
Is a Separate Legal Instrument Governing Cross-Border Mediation Necessary?
Children, the Lisbon Treaty and the Future of EU Family Law
Conclusion
6. Education, Children's Rights and the EU
Introduction
The Source and Scope of Children's 'Right' to Education
The Nature and Scope of Children's Educational Rights under EU Education Law and Policy
Upholding Children's Educational Rights as an Aspect of the EU's Social Agenda
EU Education Policy and the Open Method of Co-ordination
Promoting Children's Agency through EU Education Measures: Active Citizenship and Children's Personal Development
Children's Educational Rights under EU Migration Law
The Limitations of a Basic 'Equality of Access' Approach to Education
Beyond a Basic Access: Rights for Migrant Children
Upholding Educational Rights through the EU's Equality Framework
Tackling Discrimination in Education on Grounds of Disability
Tackling Discrimination in Education on Grounds of Ethnicity: Roma
Conclusion
7. Child Protection and EU Law
Introduction
An Overview of the Legal and Policy Framework Underpinning EU Child Protection Measures
EU Child Protection Legislation
EU Efforts to Combat Child Trafficking
Child Protection Law and the EU Internal Market
EU Child Sexual Exploitation and Abuse Legislation
The Development of an EU Child Protection Infrastructure
Added Value or Empty Rhetoric? Assessing the Effectiveness of EU Action in the Field of Child Protection
Is EU Child Protection Legislation Compatible with Children's Rights?
Added Value of EU Intervention in International Child Protection
The Enforceability of EU Child Protection Measures
Adopting a Multi-Levelled, 'Roots and Branches' Approach to Child Protection
Importance of Cross-Departmental and Cross-Institutional Collaboration in Child Protection
Enhancing the Knowledge Base
The Future of EU Child Protection
Conclusion
8. Children's Rights and EU Enlargement
Introduction
Membership 'Conditionality' as a Mechanism for Promoting Children's Rights
Children's Rights and the Political Criteria: Using Human Rights 'Conditionality' to Enhance Children's Rights
The Importance of Context in Applying EU's Human Rights Conditionality
The Selective Nature of EU Human Rights Conditionality
Children's Rights and the Economic Criteria
Children's Rights and the Legal Criteria
Complementing EU Conditionality with Action 'On the Ground'
Upholding Children's Rights Post-Accession
Acceding to What? Scrutinising the Quality of the EU Children's Rights Measures to which Accession States are Expected to Conform
The Mixed Blessing of Enhanced Mobility Rights Following EU Accession
Sustaining Children's Rights Protection in the Post Accession Environment
Ask Not What the EU Can Do for Children's Rights in the Accession States, But What the Accession States Can Do for Children's Rights in the EU
Conclusion
Conclusion: The Future of Children's Rights in the European Union
The EU's Flawed Conceptualisation of Children's Rights: From Subversion to Insertion to Perversion
The Hegemony of the Child Protection Agenda at EU Level
More Than Just a Website: Children's Participation in the EU
Square Pegs and Round Holes?: Expectations of the EU's Role in Relation to Children's Rights
The EU as Regulator, Co-ordinator and Supporter
Institutional, Procedural and Political Blockages
Achieving Better Accountability—For What and to Whom?

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published January 2019
Hart Publishing
£40.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published October 2018
Hart Publishing
£35.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2018
Hart Publishing
£90.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published May 2018
Hart Publishing
£80.00
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
To be published May 2018
Hart Publishing
£70.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2018
Hart Publishing
£63.00
Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published May 2018
Hart Publishing
£58.00
Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published May 2018
Hart Publishing
£65.00
Social Legitimacy in the Internal Market: A Dialogue of Mutual Responsiveness ISBN 9781509914531
To be published April 2018
Hart Publishing
£65.00
EU Governance of GMOs ISBN 9781841138039
To be published April 2018
Hart Publishing
£50.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
To be published February 2018
Hart Publishing
£32.99
Uniformity of Customs Administration in the European Union ISBN 9781509920020
To be published February 2018
Hart Publishing
£29.99
The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
To be published January 2018
Hart Publishing
£55.00
The European Union in International Organisations and Global Governance ISBN 9781509918379
To be published December 2017
Hart Publishing
£37.99
Nudge and the Law: A European Perspective ISBN 9781509918355
To be published December 2017
Hart Publishing
£22.99
Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
Edited by: Daniel Thym
ISBN 9781509914685
To be published December 2017
Hart Publishing
£70.00
Environmental Crime in Europe ISBN 9781509914012
To be published December 2017
Hart Publishing
£70.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781509917761
To be published October 2017
Hart Publishing
£29.99
The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
Published September 2017
Hart Publishing
£55.00
£49.99 + £10.00 VAT
(ePub)
Buy
The European Union and Social Security Law ISBN 9781509911578
Published August 2017
Hart Publishing
£60.00
The European Union and Social Security Law (eBook) ISBN 9781509911561
Published August 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
Published August 2017
Hart Publishing
£60.00
The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
Published August 2017
Hart Publishing
£75.00
The EU and Nanotechnologies: A Critical Analysis (eBook) ISBN 9781509908523
Published August 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
£32.99
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781509915477
Published June 2017
Hart Publishing
£30.00
£58.33 + £11.66 VAT
(ePub)
Buy
Republican Europe (eBook) ISBN 9781509910731
Published June 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
EU Liability and International Economic Law ISBN 9781509901593
Published June 2017
Hart Publishing
£60.00
Republican Europe ISBN 9781509910748
Published June 2017
Hart Publishing
£60.00
EU Liability and International Economic Law (eBook) ISBN 9781509901616
Published June 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Marketing and Advertising Law in a Process of Harmonization ISBN 9781509900671
Published May 2017
Hart Publishing
£65.00
£54.16 + £10.83 VAT
(ePub)
Buy
£29.99
£45.82 + £9.17 VAT
(ePub)
Buy
£49.99 + £10.00 VAT
(ePub)
Buy
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published February 2017
Hart Publishing
£23.99
£58.33 + £11.66 VAT
(ePub)
Buy
£58.33 + £11.66 VAT
(ePub)
Buy
£58.33 + £11.66 VAT
(ePub)
Buy
The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
Published October 2016
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
The European Union’s External Action in Times of Crisis ISBN 9781509900558
Published October 2016
Hart Publishing
£85.00
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
£31.99
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
Published June 2016
Hart Publishing
£30.00
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
The EU Accession to the ECHR ISBN 9781509909261
Published June 2016
Hart Publishing
£32.99
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£60.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£180.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£75.00
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£55.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£25.99
£24.99 + £5.00 VAT
(ePub)
Buy
£65.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
Published July 2015
Hart Publishing
£60.00
Governing Public Health: EU Law, Regulation and Biopolitics (eBook) ISBN 9781782259732
Published July 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
£27.49 + £5.50 VAT
(ePub)
Buy
£70.00
EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
Published March 2015
Hart Publishing
£36.66 + £7.33 VAT
(ePub)
Buy
EU International Relations Law 2nd ed ISBN 9781849463225
Published March 2015
Hart Publishing
£43.99
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
Published March 2015
Hart Publishing
£65.00
Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
Published March 2015
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£55.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£19.99 + £4.00 VAT
(ePub)
Buy
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£55.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
The EU Accession to the ECHR ISBN 9781849465236
Published July 2014
Hart Publishing
£70.00
The EU Accession to the ECHR (eBook) ISBN 9781782254478
Published July 2014
Hart Publishing
£27.49 + £5.50 VAT
(ePub)
Buy
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published June 2014
Hart Publishing
£65.00
EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published June 2014
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
Hart Publishing
£65.00
Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
Published May 2014
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
£26.66 + £5.33 VAT
(ePub)
Buy
£70.00
£70.00
£26.66 + £5.33 VAT
(ePub)
Buy
EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£27.99
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£23.32 + £4.67 VAT
(ePub)
Buy
EU Security and Justice Law: After Lisbon and Stockholm (eBook) ISBN 9781782252641
Published February 2014
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
Published February 2014
Hart Publishing
£55.00
£45.82 + £9.17 VAT
(ePub)
Buy
£49.99 + £10.00 VAT
(ePub)
Buy
£60.00
£37.49 + £7.50 VAT
(ePub)
Buy
£45.00
Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£60.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
Hart Publishing
£60.00
Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
Hart Publishing
£75.00
The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£120.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
Hart Publishing
£99.99 + £20.00 VAT
(ePub)
Buy
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£65.00
£54.16 + £10.83 VAT
(ePub)
Buy
Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£85.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
£29.16 + £5.83 VAT
(ePub)
Buy
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£65.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
£21.66 + £4.33 VAT
(ePub)
Buy
The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
Published May 2012
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
Hart Publishing
£65.00
£79.16 + £15.83 VAT
(ePub)
Buy
Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
Buy
Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
Hart Publishing
£85.00
The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£70.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£60.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
Hart Publishing
£40.99
£100.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£110.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
£200.00
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
Buy
EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
£45.00
£60.00
Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£38.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£80.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£49.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
£100.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
£80.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
Hart Publishing
£65.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
£65.00
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
£100.00
Publication Abandoned