Unaccompanied minors in the regulation of immigration by the European Union

Abstract

This contribution deals with some of the problems that the arrival of a substantial flow of unacompanied minor immigrants poses to the European Union. International law imposes to the authorities of the countries of destination the duty to protect the unaccompanied minors staying in their territory. Article 24 of the Charter of Fundamental Rights of the EU establishes the right of the children to be protected and to receive required care on the basis of the acknowledgment of the superior interest of the minor as a primary consideration. The protection of minors becomes difficult with the growing number of cases of children arriving in the EU without fulfilling the requirements for legal admission. The recognition by the EU of special protection for unaccompanied minors does not prevent the occurrence of practical difficulties as a consequence of the lack of correspondence between the EU rules and those of the country of origin and, above all, due to the absence of a system of structured cooperation and by the lack of correspondence between the EU rules and the rules of the countries of arrival and those of the countries of origin. An institutional siystem of cooperation between the national authorities of the countries of origin and those of the countriesof destination is urgently required. This Communication underlines the contradictions arising out of the lack of correspondence between the EU rules and its system of institutions with the law and institutions of the countries of origin.