17

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Recast of the Brussels IIa Regulation

10-01-2018

On 21 November 2017, Parliament's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European Parliament is only consulted; it is expected to vote during its January plenary session.

On 21 November 2017, Parliament's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European Parliament is only consulted; it is expected to vote during its January plenary session.

Cross-border recognition of adoptions

30-11-2016

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at ...

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at the EU level. The substantive scope of the EAVA is limited to the issues related to the recognition of adoptions in EU Member States. The substantive family law issues, as well as issues related to the recognition of convention adoptions, within the meaning of the 1993 Hague Convention on Intercountry adoptions, are not covered in this assessment.  

Recasting the Brussels IIa Regulation - Workshop on 8 November 2016 - Compilation of Briefings

28-10-2016

The workshop, organised by the Policy Department upon request by the JURI Committee, takes place while the European Parliament is consulted on the Commission proposal to recast the so-called “Brussels IIa” Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility. The briefings included in this compilation examine the main amendments proposed by the Commission as regards child abduction and return ...

The workshop, organised by the Policy Department upon request by the JURI Committee, takes place while the European Parliament is consulted on the Commission proposal to recast the so-called “Brussels IIa” Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility. The briefings included in this compilation examine the main amendments proposed by the Commission as regards child abduction and return proceedings, mediation, cooperation between national judicial and central authorities, and suggest possible further improvements in these areas as well as in the field of jurisdiction over divorce and annulment of marriage, cooperation with third countries and international organisations, and training of judges.

Zunanji avtor

Ilaria PRETELLI; Christoph C. PAUL; Nicole GALLUS; Thalia KRUGER; Lukáš FRIDRICH; Annette C. OLLAND; Permanent Bureau of the Hague Conference on Private International Law; Alegría BORRÁS and Wojciech POSTULSKI

Adoption of children in the European Union

16-06-2016

Globally, there have been significant changes in the landscape of adoption over recent years, including fluctuations in the volume of adoptions, the countries involved and who is eligible to adopt. This paper aims to provide an overview of the adoption of children in the European Union (EU), focusing on trends in the number of domestic and intercountry adoptions and a comparison of the current adoption requirements in the individual Member States.

Globally, there have been significant changes in the landscape of adoption over recent years, including fluctuations in the volume of adoptions, the countries involved and who is eligible to adopt. This paper aims to provide an overview of the adoption of children in the European Union (EU), focusing on trends in the number of domestic and intercountry adoptions and a comparison of the current adoption requirements in the individual Member States.

Brussels IIa: Towards a Review (2) - Main Recommendations from External Experts to the European Parliament

08-06-2016

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission ...

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. The European Parliament has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission “Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)”. The recommendations do not represent the views of the European Parliament or the Policy Department, nor can they prejudge the position of the European Parliament.

Cross-border Placement of Children in the European Union

25-05-2016

This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of Brussels IIa, the ...

This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of Brussels IIa, the study sets out recommendations to remedy some of the weaknesses, such as clarifying the respective tasks of the Member States involved in cross-border placement cases and facilitating the recognition and enforcement of cross-border placement orders.

Adoption without Consent - Update 2016

12-05-2016

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings. The study concludes that while other EU Member States have mechanisms for permitting adoption without parental consent in specific circumstances, few appear to exercise this power to the extent to which the English authorities do. Still, the lack of comparative statistical data on when this is used, how frequently, and by whom, precludes clear-cut conclusions, calling for more data and research to be carried out.

Zunanji avtor

Claire FENTON-GLYNN (University of Cambridge, the UK)

Adoption: Cross-Border Legal Issues and Gaps in the European Union

15-12-2015

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted ...

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted to the EP on issues relating to adoptions without parental consent involving non-national children and, on the other hand, to provide some background reflections for the legislative own-initiative opinion which the Legal Affairs Committee is preparing.

Adoption: Cross-Border Legal Issues

25-11-2015

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from ...

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from the perspective of the Polish, European and international law". The four other briefings provided background reflections to the second session, focussed on legal issues around "Cross-border recognition of adoptions". They first approached issues of recognition in a general way ("Conflicts and Coordination of Family statuses: Towards their recognition within the EU?"), turned to the "Recognition of intercountry adoptions - practical operation of the 1993 Hague Convention", further looked into limitations of the current EU legal framework and their consequences on free movement of citizens ("Cross-border recognition of domestic adoptions - obstacles to free movement") and finally examined issues around the recognition in the EU of adoptions made under non-EU legal systems ("Recognising child protection measures in the Middle Eastern legal systems as equivalents to adoption - a fresh look on Magrhebian kafala, Iranian sarparasti and Iraqi damm").

Zunanji avtor

Mathew THORPE, Paweł JAROS, Gian Paolo ROMANO, Laura MARTÍNEZ-MORA, Ruth CABEZA and Nadjma YASSARI

Brussels IIa: Towards a Review

15-09-2015

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies ...

The Brussels IIa Regulation (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility), which since 1 March 2005 has applied to all Member States except Denmark, is about to be reviewed. The European Parliament will be consulted in this process. This notes aims to clarify the scope of the regulation which relates to other international instruments. It applies to family disuptes with a cross-border dimension, for instance when the family breaks up, and in particular in relation to children. The note includes a selected bibliography.

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