Judgment_paragraph 42 · Criminal proceedings against ZW (C-454/19)

42It is also apparent from the Court’s case-law that it is not indispensable that measures laid down by a Member State to protect the rights of the child correspond to a conception shared by all Member States as regards the level of protection and the detailed rules relating to it. As that conception may vary from one Member State to another on the basis of, inter alia, moral or cultural views, Member States must be recognised as having a definite margin of discretion. While it is true that it is for the Member States, in the absence of harmonisation within the European Union, to determine the level at which they intend to protect the interest concerned, the fact remains that that discretion must be exercised in conformity with the obligations arising under EU law and, in particular, the requirements set out in paragraph 36 of this judgment (see, to that effect, judgment of 14 February 2008, Dynamic Medien, C‑244/06, EU:C:2008:85, paragraphs 44 to 46).

Criminal proceedings against ZW (C-454/19)

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