2018/0276(NLE)

Hague Convention on the Civil Aspects of International Child Abduction (1980): accession of the Dominican Republic; acceptance by Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom

Awaiting committee decision

2018/0276(NLE) Hague Convention on the Civil Aspects of International Child Abduction (1980): accession of the Dominican Republic; acceptance by Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom
RoleCommitteeRapporteurShadows
Lead JURI
Lead committee dossier: JURI/8/14024
Legal Basis TFEU TFEU 081-p3, TFEU TFEU 218-p6b-ab
Subjects
Links

Activites

  • 2018/09/10 Committee referral announced in Parliament, 1st reading/single reading
  • 2018/07/06 Legislative proposal published
    • COM(2018)0526 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)

2018-09-13
activities/0/docs/0/text added
  • PURPOSE: to authorise Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom to accept, in the interest of the European Union, the accession of the Dominican Republic to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Convention).

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: the 1980 Convention has been ratified by 98 countries including all EU Member States. Its purpose is to restore the status quo by means of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.

    As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it.

    The 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession.

    In its Opinion 1/13 of the Court of Justice of the European Union, it was stated that the exclusive competence of the European Union. The decision whether to accept the accession of the Dominican Republic has to be taken at EU level by means of a Council Decision.

    The Dominican Republic deposited the accession instrument to the 1980 Convention on 11 August 2004. The 1980 Convention is already into force between the Dominican Republic and 20 EU Member States. Austria, Cyprus, Croatia, Denmark, Luxembourg, Portugal, Romania and the United Kingdom have not yet accepted the accession of the Dominican Republic to the Convention.

    As regards parental abduction, the 1980 Convention is the international counterpart to Council Regulation No 2201/2003 (Brussels IIa Regulation), one of the main objectives of which is to discourage parents from abducting their children to another Member State by establishing procedures which ensure the immediate return of the child to the Member State of his or her habitual residence.

    14 Council Decisions have been already adopted between June 2015 and December 2017 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 20 third countries (Morocco, Singapore, the Russian Federation, Albania, Andorra, the Seychelles, Armenia, the Republic of Korea, Kazakhstan, Peru, Georgia, South Africa, Chile, Iceland, the Bahamas, Panama, Uruguay, Colombia, El Salvador and San Marino).

    CONTENT: the Commission proposes that the Council adopt a decision authorising Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom to accept, in the interest of the European Union, the accession of the Dominican Republic to the 1980 Hague Convention.

    The present proposal is evidently linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child.

    Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom should submit its declaration of acceptance at the latest 12 months after the date of adoption of this Decision.

    The United Kingdom and Ireland are bound by the Brussels IIa Regulation and are therefore taking part in the adoption and application of this Decision.

    The acceptance of Austria, Cyprus, Croatia, Luxembourg, Portugal, Romania and the United Kingdom would render the 1980 Convention applicable between the Dominican Republic and all EU Member States except Denmark.

activities/1 added
date
2018-09-10
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
  • body
    EP
    responsible
    True
    committee_full
    Legal Affairs
    committee
    JURI
procedure/dossier_of_the_committee added JURI/8/14024
procedure/stage_reached changed
Old
Preparatory phase in Parliament
New
Awaiting committee decision
2018-07-12

code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
© European Union, 2011 – Source: European Parliament