35 Amendments of Annika BRUNA related to 2022/0402(CNS)
Amendment 57 #
Proposal for a regulation
Recital 11
Recital 11
(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, maintenance rights, succession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in another Member State can have serious adverse consequences on children’s fundamental rights andconsequences on the rights that theychildren derive from national law. This may prompt families to start litigaresult in administrative or judicial actions to have the parenthood of theira child recognised in another Member State, although t. Those proceedings have uncertain results and involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national lawensure the necessary balance between the interests and rights of the child and respect for the legal order of the host Member State.
Amendment 72 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is recognised that the practice of surrogacy, also known as gestation for others, is a universal crime because it seriously harms the dignity of the woman and the unborn child, commodifying the body and life of the child, as recognised by feminist movements.
Amendment 73 #
(18b) In its Resolution of 21 January 2021 on the EU Strategy for Gender Equality, the European Parliament acknowledged that sexual exploitation for surrogacy ‘is unacceptable and a violation of human dignity and human rights’.
Amendment 76 #
Proposal for a regulation
Recital 20
Recital 20
(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), respect for human dignity, equality and non- discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter1, the third indent of Article 3(2) and Articles 5(1) and 5(3) of the Charter state that human dignity is inviolable, that it is prohibited to make the human body and its parts as such a source of financial gain, that no one may be held in slavery or servitude and that trafficking in human beings is prohibited; Article 21 thereof prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life.
Amendment 86 #
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation shouldall not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
Amendment 96 #
Proposal for a regulation
Recital 31
Recital 31
(31) The requirements for the recording of parenthood in a register shouldall be excluded from the scope of this Regulation. It shouldall therefore be the law of the Member State in which the register is kept that shouldall determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.
Amendment 100 #
Proposal for a regulation
Recital 34
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birthmother, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birthmother. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).
Amendment 104 #
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation shouldmust respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.
Amendment 105 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birth.
Amendment 108 #
Proposal for a regulation
Recital 40
Recital 40
(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the habitual place of residence of the child’s parents, the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.
Amendment 114 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 122 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 128 #
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 130 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 134 #
Proposal for a regulation
Recital 60
Recital 60
Amendment 138 #
Proposal for a regulation
Recital 63
Recital 63
(63) The recognition of a court decision shouldmay be refused only, for example, if one or more of the grounds for refusal of recognition provided for in this Regulation are present. The list of grounds for refusal of recognition in this Regulation is exhaustive. It should not be possible to invoke, as grounds for refusal, grounds which are not listed in this Regulation such as, for example, a violation or if a court contests the well- foundedness of the decision pursuant to the general principles of international law, in particular the Universal Declaration of Human Rights ofr the lis pendens rule. A later court decision should always supersede an earlier court decisInternational Convention ton the extent that they are irreconcilableRights of the Child.
Amendment 140 #
Proposal for a regulation
Recital 65
Recital 65
Amendment 150 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article17a Condemnation of surrogacy It is stated that the practice of surrogacy, also known as gestation for others, is a universal crime because it seriously harms the dignity of the woman and the unborn child as it commodifies the body and life of the child, as already recognized by feminist movements.
Amendment 153 #
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, or with the general principles of international law, in particular the Universal Declaration of Human Rights or the International Convention on the Rights of the Child.
Amendment 158 #
Proposal for a regulation
Recital 76
Recital 76
Amendment 205 #
Proposal for a regulation
Article 4 – paragraph 1 – point 6 – point b
Article 4 – paragraph 1 – point 6 – point b
(b) has been established by a public authority or other authority empowered for that purpose by the Member State of origin; in accordance with the general principles of international law, in particular the Universal Declaration of Human Rights or the International Convention on the Rights of the Child.
Amendment 207 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters, recognition of parenthood conflicting with their domestic legal system or where recognition of parenthood results from instruments that are contrary to international or EU law.
Amendment 210 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
In matters relating to parenthood, jurisdiction shall lie in the following order of priority with the courts of the Member State:
Amendment 214 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) of the nationality of the child at the time the court is seised, or
Amendment 225 #
Proposal for a regulation
Article 16
Article 16
Any law designated as applicable by this Regulation shall be applied whether or not it is the law of a Member State.rticle 16 deleted Universal application
Amendment 254 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the general principles of international law, in particular the Universal Declaration of Human Rights and the International Convention on the Rights of the Child, and in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discriminations 1, 3 and 5 thereof.
Amendment 259 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A court decision on parenthood given in a Member State shallmay be recognised in all other Member States without any special procedure being requiredmandatory.
Amendment 262 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In particular, no special procedure shall be required forA Member State may make the updating theof its civil- status records of a Member State on the basis of a court decision on parenthood given in another Member State and against which no further appeal lies under thesubject to a check on compliance with respect for the fundamental principles set out by the relevant international conventions, EU law ofr that Member State’s own law.
Amendment 265 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with its production.
Amendment 267 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
The court before which a court decision given in another Member State is invoked mayshall stay its proceedings, in whole or in part, where:
Amendment 271 #
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. The recognition of a court decision shall be refused, in particular:
Amendment 276 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interests;
Amendment 329 #
Proposal for a regulation
Article 46
Article 46
Amendment 397 #
Proposal for a regulation
Annex IV
Annex IV
Amendment 399 #
Proposal for a regulation
Annex V
Annex V