2017/0149(NLE)

Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of San Marino; acceptance by Croatia, the Netherlands, Portugal and Romania

Procedure completed

2017/0149(NLE) Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of San Marino; acceptance by Croatia, the Netherlands, Portugal and Romania
RoleCommitteeRapporteurShadows
Lead JURI DZHAMBAZKI Angel (ECR) ZWIEFKA Tadeusz (EPP), HONEYBALL Mary (S&D), CAVADA Jean-Marie (ALDE)
Opinion LIBE
Lead committee dossier: JURI/8/10426
Legal Basis TFEU TFEU 081-p3, TFEU TFEU 218
Subjects
Links

Activites

  • 2017/12/29 Final act published in Official Journal
  • 2017/12/18 End of procedure in Parliament
  • 2017/12/18 Act adopted by Council after consultation of Parliament
  • 2017/11/30 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0466/2017 summary
  • 2017/11/22 Committee report tabled for plenary, 1st reading/single reading
    • A8-0360/2017 summary
    • JURI JURI/8/10426 DZHAMBAZKI Angel ECR
    • LIBE
  • 2017/11/21 Vote in committee, 1st reading/single reading
  • 2017/09/11 Committee referral announced in Parliament, 1st reading/single reading
  • 2017/07/03 Legislative proposal published
    • COM(2017)0359 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/justice-and-consumers_en', u'title': u'Justice and Consumers'}, JOUROVÁ Věra

Documents

History

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

2018-09-12
activities/3/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0360&language=EN
    text
    • The Legal Affairs Committee adopted the report by Angel DZHAMBAZKI (ECR, BG) on the proposal for a Council decision authorising Croatia, the Netherlands, Portugal and Romania to accept, in the interest of the European Union, the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

      The committee recommended that Parliament approve the authorisation for Croatia, the Netherlands, Portugal and Romania to accept, in the interest of the European Union, the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

      As recalled in the explanatory memorandum accompanying the report, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction has been ratified by all the Member States of the European Union.

      In cases of international child abduction following a separation or a divorce and the mother and father are from different states, it may often be that the courts in both of the states concerned declare themselves competent, with each of them awarding custody of the child to the parent who is a national of their state.

      The purpose of the Convention is to resolve such situations at an international level, by establishing that the competent courts and applicable laws are those of the state of residence of the child. The Convention also introduces a system which ensures the immediate return of children who have been abducted.

      The EU now has exclusive external competence in this field as confirmed by the Court of Justice.

      • San Marino deposited the accession instrument to the 1980 Hague Convention on 14 December 2006. The 1980 Hague Convention entered into force for San Marino on 1 March 2007.  The 1980 Convention is already into force between San Marino and the overwhelming majority of the EU Member States. Only Croatia, Denmark, the Netherlands, Portugal and Romania have not yet accepted the accession of San Marino to the Convention. 

      The acceptance of Croatia, the Netherlands, Portugal and Romania would render the 1980 Convention applicable between San Marino and all EU Member States except Denmark.

      The accession of San Marino to the Convention is to be welcomed. Your rapporteur fully supports this, as children with links to this community will thus be safeguarded against abduction.

    type
    Committee report tabled for plenary, 1st reading/single reading
    title
    A8-0360/2017
activities/4 added
date
2017-11-30
docs
body
EP
type
Results of vote in Parliament
activities/5/date changed
Old
2017-11-30
New
2017-12-18
activities/5/type changed
Old
Vote in plenary scheduled
New
End of procedure in Parliament
activities/6 added
date
2017-12-18
body
EP/CSL
type
Act adopted by Council after consultation of Parliament
activities/7 added
date
2017-12-29
text
  • PURPOSE: to authorise Croatia, the Netherlands, Portugal and Romania to accept the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    NON-LEGISLATIVE ACT: Council Decision (EU) 2017/2463 authorising Croatia, the Netherlands, Portugal and Romania to accept, in the interest of the European Union, the accession of San Marino to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    CONTENT: the Council Decision authorises Croatia, the Netherlands, Portugal and Romania to accept, in the interests of the Union, the accession of San Marino to the 1980 Hague Convention.

    Croatia, the Netherlands, Portugal and Romania shall be authorised to deposit their declarations of acceptance for the accession of San Marino by 19 December 2018 at the latest.

    The 1980 Hague Convention on the Civil Aspects of International Child Abduction establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children. All the Member States of the Union are parties to the Convention.

    At EU level, Regulation (EC) No 2201/2003 (Brussels IIa Regulation) complements and reinforces the 1980 Hague Convention.

    The Union encourages third states to accede to the 1980 Hague Convention.

    The existence of the exclusive competence of the European Union to accept the accession of a third State to the 1980 Convention has been confirmed by the Court of Justice of the European Union.

    San Marino deposited its instrument of accession to the 1980 Hague Convention on 14 December 2006. The Convention is already in force with 23 Member States in respect of San Marino.

    An assessment of the situation in San Marino led to the conclusion that Croatia, the Netherlands, Portugal and Romania are in a position to accept the accession of these countries to the Convention.

    The United Kingdom and Ireland shall be bound by the Brussels IIa Regulation and participate in the adoption and application of the Decision. Denmark shall not be bound by this Decision.

    ENTRY INTO FORCE: the Decision shall take effect on the day of its notification.

type
Final act published in Official Journal
docs
procedure/Modified legal basis changed
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/final added
url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32017D2463
title
Decision 2017/2463
procedure/stage_reached changed
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed
2017-11-24
2017-11-23
2017-11-10
2017-10-27
2017-10-12
2017-10-10
2017-09-26
2017-09-14
2017-09-10
2017-07-28
2017-07-27
2017-07-26
2017-07-11

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