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Ad-Hoc Query on admission/residence and guardianship related provisions for unaccompanied foreign and/or EU minors in vulnerable situations (pdf, 121 kB) 

Summary

Following a judgment in the Belgian Constitutional Court, Belgium is reviewing its laws regarding vulnerable minors. In Belgium, EU citizen unaccompanied minors are not considered foreign minors, and thus not covered by legislation on unaccompanied minors with regard to guardianship etc. This means that it is more difficult to provide care for EU citizen minors. In order to inform policy development Belgium has asked the following questions:

1. What key instruments provide in your Member State for admission/residence and guardianship of unaccompanied foreign minors and/or EU minors in vulnerable situations?
    a. Please fully name and date the said instruments (translated in English)
    b. Please specify whether or not instruments/provisions apply both to unaccompanied foreign and EU minors in vulnerable situations (as well as possible consequences)
    c. Please compare the value (legal consideration) of instruments applying to unaccompanied foreign and EU minors in vulnerable situations
    d. Please provide links to existing English versions
2. Do above mentioned instruments allow your Member State to adequately deal with both unaccompanied foreign and EU minors in vulnerable situations? Please elaborate on possible difficulties, shortcomings, etc.
3. Are discussions on-going/changes planned in this field?

14 countries, including Norway, responded to the query. In many of these countries, general legislation applies to all minors.