The protection of vulnerable adults in cross-border situations
As the mobility of people in the EU's ageing societies increases, so does the need to protect a particular group – vulnerable adults. Because of an impairment or insufficiency in their personal faculties, these adults are unable to protect their interests and have to rely on support from others. While all EU Member States have established legal provisions and practices addressing these people's needs, they are highly divergent, for example, as regards powers of representation. Besides these national differences, additional obstacles arise across borders in relation to the determination of the jurisdiction and law to be applied; the recognition of decisions issued by other Member States; and international cooperation among competent national authorities. To remove or mitigate these obstacles, an international private law instrument – the Hague Convention on the International Protection of Adults – was adopted in 2000, but has so far only been ratified by 12 Member States. To secure ratification by all Member States but also to complement the Hague Convention, the European Commission has adopted a proposal for a regulation along with a proposal for a Council decision authorising Member States to become party to the convention. Within the Parliament, the Committee on Legal Affairs (JURI) is handling the file. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.
Briefing
About this document
Publication type
Author
Policy area
Keyword
- adult
- civil law
- cooperation policy
- cross-border cooperation
- demography and population
- disabled person
- enforcement of ruling
- European construction
- EUROPEAN UNION
- European Union law
- international affairs
- international convention
- international law
- INTERNATIONAL RELATIONS
- judicial cooperation
- judicial cooperation in civil matters in the EU
- jurisdiction
- justice
- LAW
- legal capacity
- organisation of the legal system
- private international law
- proposal (EU)
- social affairs
- SOCIAL QUESTIONS