The best interest of the child and the right of return of their parent
Keywords:
Best interest of the minor, Right to respect for family life, Foreign minors, Return decision against a third country nationalAbstract
When in doubt as to whether the Member States are obliged to take into account the best interests of the child before adopting a return decision accompanied by an entry ban, even if the addressee of that decision is not a minor, but his father, and, if article 5 of Directive 2008/115 / EC of the European Parliament and of the Council, of December 16, 2008, on common rules and procedures in the Member States for the return of third-country nationals in irregular situation, in relation to article 24 of the Charter of Fundamental Rights of the European Union, the CJEU interprets it to mean that the Member States are obliged to duly take into account the best interests of the child even if the recipient of this decision is the father of the minor.
