Procedure : 2017/0149(NLE)
Document stages in plenary
Document selected : A8-0360/2017

Texts tabled :

A8-0360/2017

Debates :

Votes :

PV 30/11/2017 - 8.15

Texts adopted :

P8_TA(2017)0466

REPORT     *
PDF 445kWORD 56k
22 November 2017
PE 609.351v02-00 A8-0360/2017

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

(COM(2017)0359 – C8-0232/2017 – 2017/0149(NLE))

Committee on Legal Affairs

Rapporteur: Angel Dzhambazki

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2017)0359 – C8-0232/2017 – 2017/0149(NLE))

(Consultation)

The European Parliament,

–  having regard to the proposal for a Council decision (COM(2017)0359),

–  having regard to Article 38, fourth paragraph, of the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

–  having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0232/2017),

–  having regard to the opinion of the Court of Justice(1) on the exclusive external competence of the European Union for a declaration of acceptance of an accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction,

–  having regard to Rules 78c and 108(8) of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0360/2017),

1.  Approves 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;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Permanent Bureau of the Hague Conference on Private International Law.

(1)

Opinion of the Court of Justice of 14 October 2014, 1/13, ECLI:EU:C:2014:2303.


EXPLANATORY STATEMENT

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a vitally important instrument. It has been ratified by all EU Member States.

The Convention introduces a system of cooperation between the contracting states aimed at settling cases of international child abduction.

In many instances, these problems arise when a couple has separated. If the mother and father are from different states, there is a temptation to exploit the lack of cooperation between those states in order to secure custody of the child. The press is full of reports on cases of international child abduction following a separation or a divorce.

The biggest problem in such cases is the national bias of the legal systems of individual 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 in Opinion 1/13. The Member States therefore no longer act on their own account. The problem is that the Convention does not provide for autonomous action by international organisations.

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 (23). Only Croatia, Denmark, the Netherlands, Portugal and Romania have not yet accepted the accession of San Marino to the Convention.

As the matter of international child abduction falls within the exclusive external competence of the European Union, the decision whether to accept the accession of San Marino has to be taken at EU level by means of a Council Decision. The Member States which have not yet accepted San Marino should thus make the declaration of acceptance in the interest of the European Union.

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.

Your rapporteur therefore proposes that Parliament approve the proposal without amendment, in order to ensure that EU-wide protection is afforded to the children in question.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

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

References

COM(2017)0359 – C8-0232/2017 – 2017/0149(NLE)

Date of consultation / request for consent

25.7.2017

 

 

 

Committee responsible

       Date announced in plenary

JURI

11.9.2017

 

 

 

Committees asked for opinions

       Date announced in plenary

LIBE

11.9.2017

 

 

 

Not delivering opinions

       Date of decision

LIBE

11.7.2017

 

 

 

Rapporteurs

       Date appointed

Angel Dzhambazki

12.7.2017

 

 

 

Date adopted

21.11.2017

 

 

 

Result of final vote

+:

–:

0:

24

0

0

Members present for the final vote

Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Mady Delvaux, Rosa Estaràs Ferragut, Enrico Gasbarra, Lidia Joanna Geringer de Oedenberg, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Emil Radev, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Substitutes present for the final vote

Isabella Adinolfi, Daniel Buda, Angelika Niebler, Tiemo Wölken

Substitutes under Rule 200(2) present for the final vote

John Flack, Emma McClarkin

Date tabled

22.11.2017


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

24

+

ALDE

ECR

EFDD

ENF

GUE/NGL

PPE

S&D

VERTS/ALE

Jean-Marie Cavada, Antonio Marinho e Pinto

John Flack, Emma McClarkin

Isabella Adinolfi, Joëlle Bergeron

Marie-Christine Boutonnet, Gilles Lebreton

Jiří Maštálka

Daniel Buda, Rosa Estaràs Ferragut, Emil Radev, József Szájer, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Mady Delvaux, Enrico Gasbarra, Lidia Joanna Geringer de Oedenberg, Sylvia-Yvonne Kaufmann, Evelyn Regner, Tiemo Wölken

Max Andersson, Julia Reda

0

-

 

 

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 23 November 2017Legal notice