Activities of Patrick BREYER related to 2021/2060(INI)
Shadow reports (1)
REPORT on the protection of the rights of the child in civil, administrative and family law proceedings
Amendments (33)
Amendment 4 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice Programme and repealing Regulation (EU) No 1382/2013,3a _________________ 3a OJL 156, 5.5.2021, p. 21.
Amendment 5 #
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU)No 390/20143b, _________________ 3b OJ L 156, 5.5.2021, p. 1.
Amendment 9 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to its resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child,
Amendment 11 #
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
Amendment 13 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas all children should be guaranteed non-discriminatory access to justice;
Amendment 14 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas access to justice should include, in particular, access to courts and to alternative methods of dispute resolution;
Amendment 27 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas11 out of 27 Member States do not provide access to online targeted information for children about the judicial system;
Amendment 28 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. Whereas migrant, refugee and asylum-seeking children as well as undocumented and unaccompanied children face additional barriers to fully enjoy access to justice, including due to a lack of knowledge of the language and marginalised position;
Amendment 30 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas experience has shown, for example with the Kindbehartiger in the Netherlands as well as Youth At Risk in Flanders, the positive impact of having a dedicated and independent person of trust that supports and accompanies the child throughout the process of legal proceedings, including in cases of mediation;
Amendment 31 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the best interest of the child and access to justice for all children cannot been ensured if their participation in civil, administrative and family law proceedings and the use of accompanying supportive services, is depending on the willingness or financial capability of parents, in particular as the costs of such proceedings and services can be very high;
Amendment 33 #
Motion for a resolution
Recital F
Recital F
F. whereas courts, administrative bodies and social welfare institutions should make the best interests of the child athe primary consideration when taking any decision concerning the child; whereas such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family;
Amendment 34 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU and Member States are under the obligation to promote the rights of the child, inter alia by means of child-friendly justice, in the implementation of all actions under the Justice Programme;
Amendment 42 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Amendment 47 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. Whereas the Hague Convention introduces a system of international cooperation between countries to promptly settle cases of international child abduction. Whereas to date it has been ratified by 101 countries, including all the EU Member States;
Amendment 58 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respectguaranteed and implemented in full and the best interests of the child should be given the highest priority;
Amendment 62 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that access to justice and the right to be heard are fundamental rights and that each child, irrespective of its social, economic or ethnical background, shall be able to fully enjoy these rights in their personal capacity, independent from their parents or legal guardians;
Amendment 66 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or trained expert and that no pressure is applied, including from the parents; stresses that such hearings should take place in a child-friendly setting and be appropriate for the age and, maturity and language skills of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views in accordance with their age and maturity;
Amendment 70 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and that the decision given by the authority should be explained to the child in a manner befitting of their age and, maturity and language skills by a specially trained professional;
Amendment 74 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to provide easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings, including online targeted information for children about the judicial system and interactive education on legal rights;
Amendment 78 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges Member States to take action to set up a structure of and organise easily accessible, high-quality, personalised, free and publicly financed legal and other accompanying services both inside and outside the court for all children. Stresses in this context that for each child an individualised approach is to be taken and that particular attention should be given to those children who frequently face discrimination or are in a vulnerable situation, including children with disabilities, children with a migrant background and children living in poverty or being socially excluded;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to enablsure access to high-quality, personalised, free and publicly financed legal representation for children in their personal capacity involved in civil, administrative and family disputes, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 85 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to implement a multidisciplinary approach to ensure meaningful cooperation and provide training on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant actors involved in court and administrative proceedings concerning children. Calls on the Member States to provide training on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant parties involved in court and administrative proceedings concerning children;
Amendment 88 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to set up or support programmes for providing children with a dedicated and independent person of trust that supports and accompanies them throughout legal proceedings, both inside and outside the court;
Amendment 89 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates its calls on the Member States to ensure that child and family courts function as an essential service, continuing to hold emergency hearings and executing court orders for the care and protection of children who are at an immediate risk of neglect or abuse;
Amendment 90 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to make sufficient resources available to ensure that civil, administrative and family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay. Recalls that Member States shall make best use of the Justice Programme to finance actions and organisations facilitating effective and non-discriminatory access to justice for all children, and effective remedy, including by electronic means. Further more encourages Member States to financially support organisations working with and for children through the Citizens, Equality, Rights and Values Programme;
Amendment 97 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges Member States to respect the right of each child to maintain contact with each parent, irrespective of their family constitution or biological kinship;
Amendment 104 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Member States to ensure that child-friendly information on the legal proceedings at hand is made available in a language that is understood by the child concerned;
Amendment 105 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Member States to respect the right of children to stay in touch and see their parents despite the restrictive measures linked to the COVID- 19 pandemic, as long as this does not endanger their safety and health;
Amendment 112 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Council to duly inform and include Parliament in any new or revised legislative proposal in the field of cross- border civil and family law, as such rules directly influence the lives and well-being of EU citizenspeople in the EU and above all children;
Amendment 113 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers the Hague Convention to be a vital instrument for ensuring the best interest of the child in cases of international child abduction and that having new countries joining this Convention is to be welcomed by the EU. Therefore encourages the Commission to swiftly process with its assessment of the accession of new countries and calls on Member States not to hesitate to accept the accession;
Amendment 118 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to put forward a new proposal for a regulegislation on cross-border mediation, which should establish guidelineminimum standards for the cross-border procedure, rules on the enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross-border cases, and common standards for cross-border mediation contracts; considers that such common standards should ensure respect for the confidentiality rules of each Member State and provide the parties with enough legal information about the concept, limits and consequences of mediation;
Amendment 122 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to establish pre-mediation offices in order to provide parents and children concerned with all the information they need about the conduct of mediation and its possible costs and benefits; highlights that some Member States have already established such offices or are seeking to do so;
Amendment 125 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to ensure that throughout the mediation process children have the possibility to talk to a qualified and independent person that can provide them with child-friendly information and support;