The grandparents' right of access: analysis of the European Court of Justice ruling C-335/17 (2018)

Ruling C-335/17, issued by the Court of Justice of the European Union on May 31, 2018, has opened new perspectives in defining the notion of "right of access" in the European context. In particular, the Court has established that this notion is not limited to parents, but can also extend to grandparents, an aspect that has significant relevance for family law in all Member States.

Context of the Ruling

The case originated in Bulgaria, where the grandmother, N. V., requested the right of access to her grandchild, who currently resides in Greece. The dispute focused on jurisdictional competence, leading to a request for clarification from the European Court. The central issue concerned whether the grandparents' right of access fell within the scope of Regulation (EC) No 2201/2003, a text governing parental responsibility and related judicial decisions.

The notion of "right of access" includes the grandparents' right of access to their grandchildren.

Analysis of the Decision

The Court highlighted that Regulation 2201/2003 does not specify limitations regarding the persons who can benefit from the right of access. This means that, in line with the principle of the best interests of the child, grandparents also have the right to maintain personal relationships with their grandchildren. Furthermore, the Court emphasized the importance of mutual recognition of judicial decisions between Member States, to avoid legal conflicts and ensure greater consistency in decisions relating to parental responsibility.

Practical Implications

The ruling has important consequences, not only for individual cases of family disputes but also for the legislation of Member States. Below are some practical implications:

• Expansion of access rights for grandparents.
• Greater clarity on jurisdictional competence in transnational cases.
• Strengthening of family relationships and the best interests of the child.

Conclusions

In summary, ruling C-335/17 of the Court of Justice of the European Union represents a significant step forward in the protection of family rights, explicitly recognizing the grandparents' right of access. This not only enriches the European legal framework but also offers an opportunity to ensure that family ties are preserved, contributing to the well-being of the children involved. Legal professionals and families must now consider these new provisions in planning and decisions relating to custody and the right of access.