Activities of Malin BJÖRK related to 2022/0402(CNS)
Plenary speeches (1)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Opinions (1)
OPINION on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood
Amendments (5)
Amendment 64 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) According to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, children have the right to private and family life. A family is more than a child's connection to its parents. In order to fully respect a child's right to private and family life and the best interests of the child, it is important to respect and recognise not only the child- parent legal ties but also their parents' partnership and marriage. This Regulation should include the recognition of partnership and marriage in the European Certificate of Parenthood.
Amendment 65 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
Amendment 113 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) If the establishment of parenthood depends on the determination of an incidental question concerning, for instance, the existence of a registered partnership or marriage, courts and other competent authorities of the Member States should respect the fundamental rights and principles laid down in the Charter, in particular the right to non- discrimination and the right to a private and family life.
Amendment 223 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. If the establishment of parenthood depends on the determination of an incidental question, courts and other competent authorities of the Member States shall respect the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination, including positive and negative obligations under Article 7 of the Charter.
Amendment 249 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum. The public policy exception shall not be used by the courts and other competent authorities of the Member States to circumvent the obligations laid down in this Regulation.