Procedure : 2016/0169(NLE)
Document stages in plenary
Document selected : A8-0268/2016

Texts tabled :

A8-0268/2016

Debates :

Votes :

PV 05/10/2016 - 8.2
Explanations of votes

Texts adopted :

P8_TA(2016)0373

REPORT     *
PDF 434kWORD 54k
28.9.2016
PE 587.432v02-00 A8-0268/2016

on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

(COM(2016)0368 – C8‑0232/2016 – 2016/0169(NLE))

Committee on Legal Affairs

Rapporteur: Angel Dzhambazki

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

(COM(2016)0368 – C8‑0232/2016 – 2016/0169(NLE))

(Consultation)

The European Parliament,

–  having regard to the proposal for a Council decision (COM(2016)0368),

–  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 (C8‑0232/2016),

–  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 59 and 108(7) of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0268/2016),

1.  Approves the authorisation for certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 the 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.

Following the accession of Kazakhstan to the Convention, a Council decision is therefore necessary to authorise the Member States (except Denmark, which is excluded from the Union's civil justice policy, and the Netherlands, which have already accepted the accession of Kazakhstan) to accept that accession. This will allow the Convention to enter into force between Kazakhstan and the entire European Union.

The accession of Kazakhstan to the Convention is to be welcomed. The Commission, together with civil justice experts from the Member States, has evaluated the functioning of Kazakhstan's justice system and the country's willingness to implement the Convention, and considers that it is desirable for the Convention to enter into force between the European Union and Kazakhstan. Your rapporteur fully supports this, as the Hague Convention system is more effective if more countries sign up to it.

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 certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

References

COM(2016)0368 – C8-0232/2016 – 2016/0169(NLE)

Date of consultation / request for consent

22.6.2016

 

 

 

Committee responsible

       Date announced in plenary

JURI

4.7.2016

 

 

 

Committees asked for opinions

       Date announced in plenary

LIBE

4.7.2016

 

 

 

Not delivering opinions

       Date of decision

LIBE

11.7.2016

 

 

 

Rapporteurs

       Date appointed

Angel Dzhambazki

11.7.2016

 

 

 

Date adopted

26.9.2016

 

 

 

Result of final vote

+:

–:

0:

22

0

0

Members present for the final vote

Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Mady Delvaux, Rosa Estaràs Ferragut, Sajjad Karim, Dietmar Köster, Gilles Lebreton, António Marinho e Pinto, Emil Radev, Evelyn Regner, József Szájer, Axel Voss, Tadeusz Zwiefka

Substitutes present for the final vote

Daniel Buda, Sergio Gaetano Cofferati, Pascal Durand, Angel Dzhambazki, Sylvia-Yvonne Kaufmann, Stefano Maullu, Virginie Rozière

Date tabled

28.9.2016

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