Sindicatul 'Pastorul cel Bun' v Romania: (Application No 2330/09): ECtHR (Grand Chamber): Spielmann, Raimondi, Villiger, Berro-Lefevre, Zupancic, Steiner, Jociene, Popovic, Nicolaou, Lopez Guerra, Bianku, De Gaetano, Nussberger, Sicilianos, Mose, Jaderblom, Wojtyczek JJ; Wojtyczek J concurring; Spielmann, Villiger, Lopez Guerra, Bianku, Mose, Jaderblom JJ partly dissenting: 9 July 2013

The ECtHR on Parental Authority and Contact aft er Separation: Towards a More Child-Centred Perspective?

“…He acknowledges that the submissions of the curator would still require particularly thorough and critical scrutiny. 204 Interestingly, however, he proposes that the child ' s curator ought to also evaluate whether legal remedies and an application to this Court would serve the child ' s best interests. In arguing this, he acknowledges the adverse eff ects that parental confl ict and litigation have on children and the importance of swift proceedings to de-escalate the confl ict.…”

“…In arguing this, he acknowledges the adverse eff ects that parental confl ict and litigation have on children and the importance of swift proceedings to de-escalate the confl ict. 205 Th e Concurring Opinion of Judges Koskelo, Eicke and Ilievski stresses the particularly stark example of the problem with which the Court is frequently confronted, namely, ascertaining the child ' s best interests and ensuring, on a procedural level, that the child ' s best interest was and remains a primary consideration throughout both domestic proceedings and the proceedings before the Court. 206 Furthermore, the judges shed more light onto the decision-making process which led to the appointment of the separate representative of the child in front of the ECtHR.…”