The CRC in litigation under EU law

Abstract

The Convention on the Rights of the Child (CRC) has been adopted as a frame of reference to guide the development of EU law and policy affecting children. The extent to which the instrument informs actual interpretations and implementation of those measures, however, is highly questionable. This chapter examines how the EU’s primary judicial institution, the Court of Justice, adjudicates on matters of EU law that relate to children. In particular, it explores the extent to which the Court uses the principles enshrined in the CRC and accompanying guidance to ensure compliance by the Member States not only with their obligations under EU law but with their obligations under the CRC. Moreover, it questions how the Court of Justice negotiates cases where the implementation of EU measures may undermine the principles and provisions of the CRC in the interests of pursuing and safeguarding the political and economic interests of Member States and, indeed, of the EU project more broadly.