2012-02-09T22:13:06

type	change in	new
added	activities	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
added	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
added	links	European Commission url http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=CNS&DocYear=2003&DocNum=0127 title PreLex
added	other	body EC dg Justice commissioner FRATTINI Franco
added	procedure	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

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2012-02-09T22:13:06