International Journal of Law, Policy and Social Review
2020, Vol. 2, Issue 2
Difficulties and detrimental effects in the determination of the age of unaccompanied foreing minors, legal protection in Spain and Italy
Alfonso Ortega Giménez, Lerdys Heredia Sánchez
The purpose of this paper is to perform a critical analysis of the procedure for determining the age of unaccompanied foreign minors in Spain and Italy in the detrimental effects that may arise from establishing the legal status of these minors. On one side this study looks at the Spanish legal system and on the other, the Italian Law n. 47 of 2017 on dispositions upon protection measures of foreign unaccompanied minor, which contemplates, in a uniform way, the protection of unaccompanied minors in the EU. One of the basic aspects dealt with is that relating to the assessment of the age of the foreign individual, which in accordance with current regulations, will be performed according to the personal law applicable; an issue that is infringed by the Spanish Administration in this process. However, the lack of coordination among Member States threats the practice efficacy of those legal provisions, which coercive force is confined through the Italian territory. We discuss upon the need of harmonizing the different states’ practices through a legislative intervention of the EU.