EU Court Ruling and Poland’s Approach to Returning Children
Recent statements from Polish officials have framed a European Court of Justice decision as a safeguard for Polish children against international removal. One minister asserted that the CJEU ruling is aimed at protecting Poland, and that it ensures youngsters who grow up in Poland are not exported to other countries. The dialogue reflects a broader debate over the best way to balance a child’s welfare with a nation’s responsibility to defend its citizens who return home after living abroad.
The discussion has drawn attention to a case involving two Irish-born children whose parents are Polish. The children have spent their lives in Ireland and traveled with their mother to Poland on a family visit in 2021. The mother then indicated she would reside in Poland with the children, a plan the father opposed. He sought a court order for the return of the children to Ireland, and the Polish judiciary upheld a decision directing the children to be returned there.
Following the enforceability of that decision, a request was made by the Ombudsman for Children and the Attorney General to suspend its implementation. The suspension sought was to prevent immediate execution of the return order, pending further review.
Suspension of enforcement of a final judgment
Starting in 2022, the Polish Code of Civil Procedure provides mechanisms for staying enforcement of final judgments issued under the Hague Convention on the civil aspects of international child protection. The Prosecutor General, the Ombudsman for Children, and the Ombudsman may obtain a stay of execution. The law does not require a detailed justification for such a request. The suspension can last for up to two months, and if lodging an appeal in cassation against the return decision, the period can be extended by operation of law until the Supreme Court rules. An extraordinary appeal may allow another suspension even after a negative ruling.
Judgment of the CJEU
The Court of Justice of the European Union held that EU law restricts national authorities from granting a stay of enforcement for a final child return judgment without justification. The ruling emphasizes that the efficiency and speed expected in decisions ordering the return must also apply to enforcement cases that follow those orders. The decision underlines the EU framework that seeks timely outcomes in matters of cross-border child protection while balancing the rights of all parties involved.
Citations: the ruling and accompanying commentary were circulated via social media channels and summarized by several Polish media outlets. Attribution: summary and interpretation provided by wPolityce; additional context from official EU materials and press reporting follows in related coverage.
Note: The distribution and interpretation of the ruling are subject to ongoing legal analysis, with policymakers continuing to discuss how best to reconcile EU-wide procedures with national safeguarding mechanisms for children who are born in one member state and reside in another.
Attribution: coverage and framing by public outlets and regional commentators have highlighted the tension between rapid judicial action in cross-border child matters and the perceived need to protect children from abrupt moves. This discussion reflects broader debates on family law and international cooperation within the EU, as well as the evolving role of national authorities in the Hague framework.
Source: wPolityce