Unlawful transfer to Romania of a minor under care in Germany by one of his parents with the consent of the other

crime of child abduction? (ECJ November 19, 2020)

Abstract

The objective of this study is to analyze the factual situation of the CJEU judgment of 19 November 2020, in order to examine whether there is, firstly, child abduction from the perspective of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, and/or a child abduction offence, and, secondly, whether the wording of Article 235 (2.2) of the German Criminal Code regulating child abduction is indeed likely to restrict the right to free movement of EU citizens, or to constitute discrimination between German nationals and other EU nationals.