best interests of the child

[Rolfus]

The Communication from the Commission on the better transposition of Directive 2004/38/EC
http://eur-lex.europa.eu/LexUriServ/Lex ... 13:EN:HTML
states in paragraph 2.1.2

In implementing the Directive, Member States must always act in the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989

Does anyone know what this means in practice?

[vinny]

See also New policy on children and Rights of children a primary consideration.

[Rolfus]

Thank you for these very interesting references.

They are however both concerned with cases that fall outside the Citizens Directive. I still haven't found any reference to the Rights of the Child in the context of Directive 2004/38/EC, and yet the Commission thought it desirable to raise the point.

I wonder why!

[Rolfus]

I have found this in LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) (10 August 2010)

28.
Although questions exist about the status of the UN Convention on the Rights of the Child in domestic law, we take the view that there can be little reason to doubt that the interests of the child should be a primary consideration in immigration cases. A failure to treat them as such will violate Article 8(2) as incorporated directly into domestic law.

[vinny]

Omotunde (best interests - Zambrano applied - Razgar) Nigeria [2011] UKUT 00247(IAC).

[Directive/2004/38/EC]

Most of the UK European casework instructions begin with a preamble about looking out for the interests of children.