2016/0190(CNS)

Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility; international child abduction. Recast

Awaiting final decision

2016/0190(CNS) Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility; international child abduction. Recast
RoleCommitteeRapporteurShadows
Opinion FEMM
Lead JURI ZWIEFKA Tadeusz (EPP) GEBHARDT Evelyne (S&D), DZHAMBAZKI Angel (ECR), CAVADA Jean-Marie (ALDE), CHRYSOGONOS Kostas (GUE/NGL)
Opinion JURI BOUTONNET Marie-Christine (ENF)
Opinion LIBE
Opinion PETI CABEZÓN RUIZ Soledad (S&D)
Lead committee dossier: JURI/8/06998
Legal Basis TFEU TFEU 081-p3
Subjects
Links

Activites

  • 2018/01/18 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0017/2018 summary
  • 2018/01/17 Debate in Parliament
  • #3584
  • 2017/12/08 Council Meeting
  • 2017/12/01 Committee report tabled for plenary, 1st reading/single reading
    • A8-0388/2017 summary
    • FEMM
    • JURI JURI/8/06998 ZWIEFKA Tadeusz EPP
    • JURI BOUTONNET Marie-Christine ENF
    • LIBE
    • PETI CABEZÓN RUIZ Soledad S&D
  • 2017/11/21 Vote in committee, 1st reading/single reading
  • #3546
  • 2017/06/08 Council Meeting
  • 2016/09/12 Committee referral announced in Parliament, 1st reading/single reading
  • 2016/06/30 Legislative proposal published
    • COM(2016)0411 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/justice-and-consumers_en', u'title': u'Justice and Consumers'}, JOUROVÁ Věra

Documents

Votes

A8-0388/2017 - Tadeusz Zwiefka - Vote unique

2018/01/18
Position Total ALDE ECR EFDD ENF GUE/NGL NI PPE S&D Verts/ALE correctional
For 562 56 56 3 21 43 11 179 150 43 0
Against 16 0 3 2 5 0 2 4 0 0 0
Abstain 43 1 4 32 1 0 2 1 2 0 0
AmendmentsDossier
11 2016/0190(CNS) Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility; international child abduction. Recast
2017/02/09 PETI 11 amendments...
source: PE-597.699

History

(these mark the time of scraping, not the official date of the change)

2018-09-12
activities/4/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0388&language=EN
    text
    • The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the proposal for a Council regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and on international child abduction (recast).

      The committee recommended the European Parliament to approve the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below:

      General objectives of the recast: Members pointed out that the amendments introduced by the recast of Regulation (EC) No 2201/2003 shall help to strengthen legal certainty and increase flexibility, help to ensure that access to court proceedings is improved, and that such proceedings are made more efficient. At the same time, the changes to this Regulation will help to ensure that Member States retain full sovereignty with regard to substantive law on parental responsibility.

      The non-discriminatory nature of the procedures and practices used by the competent authorities of the Member States to protect the best interests of the child and the related fundamental rights shall be ensured.

      This Regulation shall fully respect the rights set out in the Charter of Fundamental Rights of the European Union, and especially the right to an effective remedy and to a fair trial, as well as the right to respect for private and family life, and the rights of the child.

      Jurisdiction rules: jurisdiction rules shall also be applicable to all children who are present on Union territory and whose habitual residence cannot be established with certainty. Members proposed extending the scope of such rules in particular to cover refugee children and children who have been internationally displaced.

      Jurisdiction over parental responsibility: the Regulation shall prevent a child from being taken to another country in order to avoid a potentially unfavourable decision of the authorities. Pending proceedings relating to custody and access rights shall be concluded by means of a final decision so that persons entitled to custody do not remove a child to another country in order thereby to avoid an unfavourable decision by an authority, unless the parties agree that the pending proceedings should be brought to an end.

      The designated judges shall be practicing and experienced family judges, in particular with experience in matters having a cross-border jurisdictional dimension.

      That authority shall ensure the equal treatment of the parents involved in the proceedings, and shall ensure that they are thoroughly informed without delay about all the measures in question, in a language they fully understand. The best interests of the child shall always be taken into account.

      Right of the child to express an opinion: this right shall be exercised in accordance with the national procedural rules, the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The hearing of a child shall be conducted by a judge or by a specially trained expert, without any pressure, in particular parental pressure, in a child-friendly setting appropriate for his or her age in terms of language and content and shall provide all the guarantees that allow the emotional integrity and the best interests of the child to be protected. It shall not be conducted in the presence of the parties to the proceedings or their legal representatives, but shall be recorded.

      Mediation: the judicial and administrative authorities shall provide assistance to the parties before and during the court proceedings with regard to the selection of mediators or the organisation of mediation. The parties shall be provided with financial assistance to carry out the mediation at least to the extent to which they have been granted or would have been granted legal aid.

      Procedure for the return of a child: Members pointed out that when a judicial authority has ordered the return of the child, it shall notify the central authority of the Member State of the habitual residence of the child prior to the wrongful removal of such decision and the date upon which it takes effect.

      Cooperation in cases concerning parental responsibility: the central authorities should take all appropriate measures to inform the holders of parental responsibility about legal aid and assistance, such as assistance provided by specialised bilingual lawyers, in order to prevent holders of parental responsibility from giving their consent without having understood the scope of that consent.

      Where matters of parental responsibility are under scrutiny, the central authority of the Member State where the child is habitually resident shall inform, without undue delay, the central authority of the Member State of which the child or one of the child’s parents is a national on the existence of proceedings.

      Placement of the child in another Member State: where an authority of a Member State considers the placement of a child with family members, in a foster family or in an institution in another Member State, it shall obtain the consent of the competent authority of the Member State in which the child should be placed before ordering the placement.

      Member States shall guarantee parents right of regular access, except where this would jeopardise the wellbeing of the child.

      If the competent authority intends to send social workers to another Member State in order to determine whether a placement or adoption there is compatible with the well-being of the child, it shall inform the Member State concerned accordingly.

      Lastly, Members stressed the need to enhance judicial training, especially in cross-border family law, to improve judicial cooperation in civil matters with cross-border implications.

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2016-11-22
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