The freedom of movement of protected persons in Europe: the will of the person in the choice of the applicable law.

Abstract

The freedom of movement of protected persons in Europe has not been given special attention by the European Union institutions that have not approved a uniform rule on the free movement of protective measures and applicable law. The Hague Convention, ratified by some States, has not been ratified by Spain, although the law applicable to protection measures has been modified, which will now be that of habitual residence and not of nationality. This reform is not enough to guarantee that the will of the person in cross border situations is respected since our legislation does not establish a specific conflict of law rule in the matter of preventive powers nor the possibility of carrying out a professio iuris, that allows to design its protection choosing the law that will be applicable.