| activities |
added |
-
- date
- 2003-06-17
- docs
-
- url
- http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2003&nu_doc=0348
- text
PURPOSE : to authorise Member States to accede to the Hague
Convention 1996.
CONTENT : the Commission proposes that the Council exceptionally
authorise the Member States to ratify or accede to the Convention
of 19 October 1996 on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children ("the Hague
Convention").
The Hague Convention entered into force on 1 January 2002. It
contains rules on jurisdiction, applicable law, recognition and
enforcement of measures on parental responsibility and protection
of children.
The Convention only allows for accession by States.
In accordance with the AETR case law of the Court of Justice on
external competence, Member States are no longer free to conclude
the Hague Convention on their own, since its provisions on
jurisdiction, recognition and enforcement affect
Community rules, as currently laid down in Council Regulation No.
1347/2000.
Moreover, the Convention deals with matters covered by the future
Regulation on matters of parental responsibility. It follows that
competence to conclude the Convention is shared between the
Community and the Member States.
The present decision will allow Member States to ratify or accede
to the Convention the interest of the Community.
- celexid
- CELEX:52003PC0348:EN
- type
- Legislative proposal published
- title
- COM(2003)0348
- body
- EC
- commission
-
- DG
- Justice
- Commissioner
- FRATTINI Franco
- type
- Legislative proposal
-
- date
- 2003-07-03
- body
- EP
- type
- Committee referral announced in Parliament, 1st reading/single reading
- committees
-
- body
- EP
- responsible
- False
- committee
- FEMM
- date
- 2003-07-10
- committee_full
- Women's Rights and Equal Opportunities
- rapporteur
-
- group
- V/ALE
- name
- AALTONEN Uma
-
- body
- EP
- responsible
- False
- committee
- JURI
- date
- 2003-07-07
- committee_full
- Legal Affairs and Internal Market
- rapporteur
-
- group
- PSE
- name
- GEBHARDT Evelyne
-
- body
- EP
- responsible
- True
- committee
- LIBE
- date
- 2003-07-09
- committee_full
- Citizens' Freedoms and Rights, Justice and Home Affairs
- rapporteur
-
- group
- PPE-DE
- name
- HERMANGE Marie-Thérèse
-
- date
- 2003-09-19
- docs
-
- type
- Committee draft report
- title
- PE329.903
- body
- EP
- type
- Committee draft report
-
- body
- EP
- committees
-
- body
- EP
- responsible
- False
- committee
- FEMM
- date
- 2003-07-10
- committee_full
- Women's Rights and Equal Opportunities
- rapporteur
-
- group
- V/ALE
- name
- AALTONEN Uma
-
- body
- EP
- responsible
- False
- committee
- JURI
- date
- 2003-07-07
- committee_full
- Legal Affairs and Internal Market
- rapporteur
-
- group
- PSE
- name
- GEBHARDT Evelyne
-
- body
- EP
- responsible
- True
- committee
- LIBE
- date
- 2003-07-09
- committee_full
- Citizens' Freedoms and Rights, Justice and Home Affairs
- rapporteur
-
- group
- PPE-DE
- name
- HERMANGE Marie-Thérèse
- docs
-
- url
- http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-0319&language=EN
- type
- Committee report tabled for plenary, 1st reading/single reading
- title
- A5-0319/2003
- text
The committee adopted the report by
Marie-Thérèse HERMANGE (PPE-DE, F) approving the
proposal under the consultation procedure subject to a few
amendments seeking to ensure that the Convention enters into force
as early as possible.
- date
- 2003-09-30
- type
- Committee report tabled for plenary, 1st reading/single reading
-
- date
- 2003-10-02
- body
- CSL
- type
- Council Meeting
- council
- Justice and Home Affairs (JHA)
- meeting_id
- 2529
-
- date
- 2003-10-20
- body
- EP
- type
- Debate in Parliament
-
- date
- 2003-10-22
- docs
-
- url
- http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2003-0447
- text
The European Parliament adopted a resolution drafted by
Marie-Therese HERMANGE (EPP-ED, France) by 508 votes in favour, 29
against and 6 abstentions. (Please see the summary of 30/09/03.)
Parliament emphasised that the child's best interests are the
primary consideration. Instruments of ratification should be
deposited in Ireland not later than 30 June 2004.
- type
- Decision by Parliament, 1st reading/single reading
- title
- T5-0447/2003
-
- url
- http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2004:082E:SOM:EN:HTML
- type
- Text adopted by Parliament, 1st reading/single reading
- title
- OJ C 082 01.04.2004, p. 0270-0307 E
- body
- EP
- type
- Text adopted by Parliament, 1st reading/single reading
-
- date
- 2008-06-05
- body
- type
- Act adopted by Council after consultation of Parliament
-
- date
- 2008-06-05
- body
- CSL
- type
- Council Meeting
- council
- Justice and Home Affairs (JHA)
- meeting_id
- 2783
-
- date
- 2008-06-05
- body
- EP
- type
- End of procedure in Parliament
-
- date
- 2008-06-11
- text
PURPOSE: to authorise certain
Member States to accede to the 1996 Hague
Convention.
LEGISLATIVE ACT: Council Decision 2008/431/EC
authorising certain Member States to ratify, or accede to, in the
interest of the European Community, the 1996 Hague Convention on
Jurisdiction, Applicable Law, Recognition, Enforcement and
Cooperation in respect of Parental Responsibility and Measures for
the Protection of Children and authorising certain Member States to
make a declaration on the application of the relevant internal
rules of Community law.
CONTENT: the Council adopted a decision authorising
Belgium, Germany, Ireland, Greece, Spain, France, Italy, Cyprus,
Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal,
Romania, Finland, Sweden and the United Kingdom to ratify, or
accede to, in the interest of the European Community, the 1996
Hague Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Cooperation in respect of parental responsibility
and measures for the protection of children.
The decision also authorises certain Member States to
make a declaration on the application of the relevant internal
rules of Community law.
The abovementioned Member States shall take the
necessary steps to deposit simultaneously their instruments of
ratification or accession with the Ministry of Foreign Affairs of
the Netherlands, if possible before 5 June 2010.
The Hague Convention stipulates that only sovereign
states may be parties to this treaty.
The Council must therefore, on an exceptional basis,
authorise Member States to ratify or accede to the Convention in
the interest of the European Community.
Some Member States have already ratified, or acceded
to, the Convention; They shall not be concerned by the present
decision.
This decision authorises certain Member States -
Bulgaria, Cyprus, Latvia, Malta, the Netherlands and Poland - to
make a declaration concerning the application of the relevant
internal rules of Community law.
The 1996 Hague Convention is a valuable contribution
to the protection of children at international level. The objects
of the present Convention are:
- to determine the State whose authorities have
jurisdiction to take measures directed to the protection of the
person or property of the child;
- to determine which law is to be applied by such
authorities in exercising their jurisdiction;
- to determine the law applicable to parental
responsibility;
- to provide for the recognition and enforcement of such
measures of protection in all Contracting States;
- to establish such cooperation between the authorities
of the Contracting States as may be necessary in order to achieve
the purposes of this Convention.
- The United Kingdom and Ireland shall take part in the
adoption and application of this Decision. Denmark, on the other
hand, shall not take part in the adoption of this Decision and
shall not bound by it or subject to its application.
- type
- Final act published in Official Journal
- docs
-
- url
- http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0431
- title
- Decision 2008/431
-
- url
- http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2008:151:SOM:EN:HTML
- title
- OJ L 151 11.06.2008, p. 0036
|
| committees |
added |
-
- body
- EP
- responsible
- False
- committee
- FEMM
- date
- 2003-07-10
- committee_full
- Women's Rights and Equal Opportunities
- rapporteur
-
- group
- V/ALE
- name
- AALTONEN Uma
-
- body
- EP
- responsible
- False
- committee
- JURI
- date
- 2003-07-07
- committee_full
- Legal Affairs and Internal Market
- rapporteur
-
- group
- PSE
- name
- GEBHARDT Evelyne
-
- body
- EP
- responsible
- True
- committee
- LIBE
- date
- 2003-07-09
- committee_full
- Citizens' Freedoms and Rights, Justice and Home Affairs
- rapporteur
-
- group
- PPE-DE
- name
- HERMANGE Marie-Thérèse
|
| links |
added |
- European Commission
-
- url
- http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=CNS&DocYear=2003&DocNum=0127
- title
- PreLex
|
| other |
added |
-
- body
- EC
- dg
- Justice
- commissioner
- FRATTINI Franco
|
| procedure |
added |
- dossier_of_the_committee
- LIBE/5/19724
- reference
- 2003/0127(CNS)
- subtype
- Legislation
- legal_basis
- EC Treaty (after Amsterdam) EC 061
- EC Treaty (after Amsterdam) EC 065
- EC Treaty (after Amsterdam) EC 067
- stage_reached
- Procedure completed
- instrument
- Decision
- title
- Civil judicial co-operation: parental responsibility and protection of children, 1996 The Hague Convention
- type
- CNS - Consultation procedure
- final
-
- url
- http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008D0431
- title
- Decision 2008/431
- subject
- 4.10.02 Family policy, family law, parental leave
- 4.10.03 Child protection, children's rights
- 7.40.02 Judicial cooperation in civil and commercial matters
|
