EIRP Proceedings, Vol 5 (2010)

Abstract

Without any doubt, the most important principle which governing the child protection is the principle of best interests of the child. Besides, the protection of this interest is the stated purpose of all the international conventions and the domestic legislation. Despite this, of his importance, the principle is only observed, without content or to enjoy some conceptualization, the criteria assessing being left to the discretion of the court and the competent authorities. It was supported in the literature that the establishment of an invariable content for all issues incident to the child protection might not be possible through the light of variety situations can find each child. In this way, the present study identifies a priority order of those assessing criteria in the matter of the child relations with parents and extended family. As the exertion of the parental rights and obligations must be governed by the same principle, the identification of those criteria is realized analyzing the internal case law in this field and ECHR jurisprudence. The papers originality consist in the fact that the research tries to establish the content of this principle, without straightening the action area of the competent decisional authorities (public authorities, judges), the conclusion of this study being addressed also to the doctrinaires, also to the practiciens.