29 Amendments of Saskia BRICMONT related to 2022/0402(CNS)
Amendment 93 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation shoulddoes not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the law applicable to it as having comparable effects, which ishould continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement in particular its ‘The Coman case’ judgment (C-673/16), backed by the European Parliament’s resolution 2021/2679(RSP), which state that all Member States should recognise the same-sex marriages or registered partnerships formed in another Member State in order to respect freedom of movement and residence of EU citizens. Following this Court of Justice's ruling and the European Parliament's resolution, the Commission should issue a proposal that would guarantee the mutual recognition of marriages and registered partnerships.
Amendment 116 #
Proposal for a regulation
Recital 49
Recital 49
(49) Proceedings on the establishment of parenthoodIn accordance with Article 12 of the UN Convention on the Rights of the Child and Article 24(1) of the Charter, all children have the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. In the proceedings under this Regulation should, as a basic principle, provide children below the age of 18 years and where applicable, a child who areis subject to those proceedings and who areis capable of forming theirits own views, in accordance with the case law of the Court of Justice,should be provided with a genuine and effective opportunity to express theirits views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.
Amendment 175 #
Proposal for a regulation
Recital 89 a (new)
Recital 89 a (new)
(89a) In order to improve the clarity of the instrument and the predictability of the outcome of cases and scenarios where it will apply, the Member States, supported by the Commission and the European Judicial Training Network, should organise training for judges and relevant state authorities to ensure the proper implementation of this Regulation.
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood, in particular to promote free movement, non-discrimination, the respect for a private and family life, the best interests of the child, as well as the principle of proportionality .
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall not affect the rights that a child derivesd from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. I, in particular, this Regulation shall not affect the limitations relating to the use of public policy as a justification to refuse the recognition of parenthood where, under Union law on free movement, Member States are obliged to recognise a document establishing a parent-child relationship issued by the authorities of another Member State for the purposes of rights derived from Union lawe rights of the child.
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall respect the rights arising from the relationship between the legally recognised parents, such as registered partnership and marriage.
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- childchild- parent relationship established in law. It includes the legal status of being the child of a particular parent or parents;
Amendment 208 #
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 without any cross-border dimension.
Amendment 224 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the court, in accordance with national law and procedure, gives a children below the age of 18 years an opportunity to express theirits views in accordance with this Article, the court shall give due weight to the views, emotions and wishes of the children in accordance with theirits age and maturity.
Amendment 247 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 248 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 255 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by tThe courts and other competent authorities of the Member States shall issue decisions in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, the respect for a private and family life, the best interests of the child, as well as the principle of proportionality.
Amendment 270 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The attestation shall be completed and issued in the language of the court decision. TUpon request of a party, the attestation mayshall also be issued in anone or several other official languages of the institutions of the European Union requested by the party. This does not create any obligation for the court issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields.
Amendment 273 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) if such recognition in observance of the fundamental rights manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interests;d principles laid down in the Charter, the respect for a private and family life, the best interests of the child, as well as the principle of proportionality.
Amendment 279 #
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application by any person claiming that the court decision infringes his fatherhood or her mothertheir parenthood over the child if it was given without such person having been given an opportunity to be heard and present evidence;
Amendment 281 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 287 #
Proposal for a regulation
Article 32 – paragraph 7 – introductory part
Article 32 – paragraph 7 – introductory part
7. The court mayshall dispense with the production of the documents referred to in paragraph 4 if:
Amendment 288 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Any party with an established legitimate interest may challenge or appeal against a court decision on the application for refusal of recognition.
Amendment 299 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The attestation shall be completed in the language of the authentic instrument. It mayUpon a request of a party, the attestation shall also be issued in anotherone or several official languages of the institutions of the European Union requested by the party. This does not create any obligation for the competent authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields.
Amendment 304 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) if such recognition in observance of the fundamental rights manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interestsd principles laid down in the Charter, the respect for a private and family life, the best interests of the child, as well as the principle of proportionality;
Amendment 307 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 313 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 322 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 324 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 334 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s parenthood status.
Amendment 362 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2
Article 56 – paragraph 2 – subparagraph 2
If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall without delay and within two weeks after its decision issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.
Amendment 371 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes. The preparation and drawing-up of delegated acts shall be preceded by and take into account consultations with stakeholders, including relevant civil society organisations and academic experts.
Amendment 373 #
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article67a Supportive measures 1. The Commission shall develop guidelines on the application and enforcement of this Regulation which shall be available six months prior to the application date refered to in article 72. 2. Member States shall complement the Commission guidelines where relevant with guidelines for all relevant professionals as well as for children and parents concerned, taking into account the specificities of the national administrative and legal systems. These guidelines shall be available at the latest by the application date referred to in article 72. 3. The Commission and Member States shall regularly review the guidelines referred to in paragraph 1 and 2, and update them whenever relevant. 4. Member States shall provide easily accessible and user-friendly information about the procedures covered by this Regulation, including via a public website. 5. Member States, with the support of the Commission and the European Judicial Training Network, shall organise training for all relevant professionals, in particular judges, lawyers, and public administration officials. 6. organise training for all persons potentially dealing with these matters, including judges, lawyers, and public administration officials. They should be supported in this by the Commission and the European Judicial Training Network.
Amendment 383 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [53 years from date of application of this Regulation] and every 3 years after, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of convergences and divergences between Member States and any practical problems encountered, supported by information supplied by the Member States. The report shall assess the implementation of this Regulation by, in particular, analysing the respect or non-respect of the non- discrimination principle. The report shall be accompanied, where necessary, by a legislative proposal.