Analysis: “The Best Interests of the Child Should Always Come First” by Silvia Bartolini
Yesterday the Court of Justice delivered its much-awaited ruling in TQ (C-441/19) shedding light on the role of the best interests of unaccompanied minors in the return procedure.
In TQ the Court of Justice first makes it clear that Article 5(a) of Directive 2008/115 requires Member States to take the best interests of the child into account at all stages of the return procedure. Such an obligation also flows from Article 24(2) of the Charter which provides that, in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. This entails that Member States - when deciding whether or not to issue a return decision against an unaccompanied