128 Amendments of Cristian TERHEŞ related to 2022/0402(CNS)
Amendment 46 #
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State if such recognition is manifestly not contrary to public policy - especially in situations where it could clearly have an adverse effect on the best interests of the child. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 48 #
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Such provisions must comply with the conditions of subsidiarity, proportionality and respect for fundamental rights in any way, in particular the fundamental rights of children.
Amendment 50 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A human being can only be a man or a woman, as stated in the Universal Declaration of Human Rights. The woman is the only human being who can give birth.
Amendment 51 #
Proposal for a regulation
Recital 6
Recital 6
(6) In conformity with the Union’s competence to adopt measures on family law with cross-border implications, the 2010 ‘European Council Stockholm programme – An open and secure Europe serving and protecting citizens’40 invited the Commission to consider the problems encountered with regard to civil status documents and the access to registers of such documents and, in the light of its findings, to submit appropriate proposals and consider whether the mutual recognition of the effects of civil status documents could be appropriate, at least in certain areas. The Commission Action Plan Implementing the Stockholm Programme41 envisaged a legislative proposal for dispensing with the formalities for the legalisation of documents between Member States and a legislative proposal on the mutual recognition of the effects of certain civil status documents, including as regards birth, parenthood and adoption. The Commission Action Plan Implementing the Stockholm Programme explicitly refers to the equality of women and men. However, it should be remembered that the transcription of a foreign document into the domestic legal system is a reproduction - not an implementation - and although it is not an administrative decision, it is also not an automatic act: it is made on request and may be refused if it is manifestly contrary to public policy. Within the transcription, a consideration of the case- by-case basis is relevant, in order to protect paternity, maternity, the child and their family bonds. _________________ 40 OJ C 115 of 4.5.2010, p. 1. 41 COM(2010) 171 final.
Amendment 53 #
Proposal for a regulation
Recital 8
Recital 8
(8) While the UnioAccording to Article 7 of the European Chas competence to adopt measures on family law with cross-border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in trter of Fundamental Rights, everyone has the right to respect for his or her private and family life, home and communications. It is, therefore, a responsibility of parents to procure such family hosme areas as regards parenthood. The Member States’ provisiwhere paternity and maternity bonds currently applicable in these areas differof affection and love for their children will prevail.
Amendment 55 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 59 #
Proposal for a regulation
Recital 12
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EUe European Parliament has also repeatedly commented on surrogacy, pointing out that the practice - which is legal in some Member Strategy on the rights of the child49 as a key action to support equality and the rights of children. The Europeas - is nevertheless a form of slavery and discrimination against women on grounds of sex - being clearly incompatible with the Charter of Fundamental Rights, in Pparliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 ticular its article 3. par. 2, p. c (prohibition to use the human body and its individual parts as a source of profit); article 5 par. 3 (prohibiting human trafficking); article 21 (prohibiting sex discrimination); article 23 (equality between women and men), and - especially from the point of view of the child - may be incompatible with Art. 7 (respect for private and family life) and art. 24 par. 3 (the child's right to maintain contact with both parents). _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).
Amendment 61 #
Proposal for a regulation
Recital 14
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
Amendment 66 #
Proposal for a regulation
Recital 16
Recital 16
(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child's parentirrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration.
Amendment 69 #
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54 . However, this requirement should not be interpreted as a requirement to recognize surrogacy agreements concluded abroad, or to recognize "directly"( i.e. without carrying out the procedure, e.g. adoption) the origin of the child from the target parent who is not the biological parent. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019).
Amendment 71 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) 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”. In its Resolution of 5 May 2022 “on the impact of the war against Ukraine on women”, the European Parliament condemned the practice of surrogacy, “which can expose women around the world to exploitation, in particular those who are poorer and are in situations of vulnerability”.
Amendment 74 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, such as the right of women to non-discrimination on the grounds of sex, the right of women and children not to be subjected to instrumental treatment, human trafficking or various forms of slavery as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised.
Amendment 77 #
Proposal for a regulation
Recital 20
Recital 20
(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination including non- discrimination based on gender are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birthgender and birth. Article 3. par.2 p. c of the same Charter prohibits the use of the human body and its individual parts as a source of profit, and its article 5 p 3 prohibits trafficking in human beings. 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 79 #
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal statuincluding the right to respect for their biological and genetic ties in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic or international adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents if such recognition is not contrary to public policy, in particular, if it is not contrary to the fundamental rights of biological parents including the biological mother, who is often the victim of gender-based discrimination. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 80 #
Proposal for a regulation
Recital 22
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
Amendment 85 #
Proposal for a regulation
Recital 24
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intendedincluding the biological parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
Amendment 87 #
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation should 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 92 #
Proposal for a regulation
Recital 29
Recital 29
(29) In particular, the rules on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955 ; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56 ; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157 . However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
Amendment 97 #
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should 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 115 #
Proposal for a regulation
Recital 49
Recital 49
(49) Proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views in the best interests of the child, their views should be taken into account in particular where they relate to their right to have their biological and genetic ties to their biological/genetic parents respected. 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 119 #
Proposal for a regulation
Recital 51
Recital 51
(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the persowoman giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the persowoman giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the persowoman giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the persowoman giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the persowoman giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).
Amendment 120 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 135 #
Proposal for a regulation
Recital 60
Recital 60
(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for anyunless there are grounds for refusing such recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.
Amendment 137 #
Proposal for a regulation
Recital 62
Recital 62
(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthoodanalysed on a case-by-case basis, in order and to protect effectively children’s rights and the best interests of the child in cross-border situations.
Amendment 146 #
Proposal for a regulation
Recital 69
Recital 69
(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin. with due regard to state procedures in a given Member State .
Amendment 154 #
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 cCourts 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 anowhen deciding on the non- compliance of foreign law provisions with national public policy should in particular take into account the issue of their Member State when doing so would be contrary topossible non-compliance with the Charter and, in particular, Article 21 thereof, which prohibits discrimination (including on grounds of sex), Article. 3. p. c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5 p. 3 prohibiting trafficking in human beings.
Amendment 160 #
Proposal for a regulation
Recital 76
Recital 76
Amendment 162 #
Proposal for a regulation
Recital 77
Recital 77
Amendment 165 #
Proposal for a regulation
Recital 78
Recital 78
Amendment 167 #
Proposal for a regulation
Recital 79
Recital 79
Amendment 168 #
Proposal for a regulation
Recital 80
Recital 80
Amendment 171 #
Proposal for a regulation
Recital 81
Recital 81
Amendment 177 #
Proposal for a regulation
Recital 90
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3. 2. c of the Charter prohibiting the use of the human body and its individual parts as a source of profit; Article 5.3 prohibiting human trafficking; Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 181 #
Proposal for a regulation
Recital 99
Recital 99
(99) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States because of the differences between national rules governing jurisdiction, applicable law and the recognition of court decisions and authentic instruments, but can rather, by reason of the direct applicability and binding nature of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives, Given the objectives of this Regulation, it is of utmost importance to keep a balance between the exclusive competences of Member States to adopt substantive provisions in family law and the EU competence for cross-border issues (TFEU 81.3). Both the subsidiarity as well as the proportionality principles should be complied with through judicial cooperation on a case-by-case basis.
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) parental and custody responsibility matters;
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;
Amendment 227 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 253 #
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 observance of the fundamental rights and principles laid down in the Charter, in particular Article 3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article 5.3 prohibiting trafficking in human beings and Article 21 thereof on the right to non- discrimination.
Amendment 257 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required unless there are grounds for refusal of recognition listed in Article 31 .
Amendment 260 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In particular, if there are no grounds for refusal of recognition listed in Article 31, no special procedure shall be required for updating the 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 the law of that Member State.
Amendment 275 #
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 best interests;
Amendment 284 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5.3 prohibiting trafficking in human beings and Article 21 thereof on the right to non- discrimination.
Amendment 296 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required unless there are grounds for refusal of recognition as listed in Article 31. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 305 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – 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 best interests;
Amendment 308 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5.3 prohibiting trafficking in human beings and Article. 21 prohibiting discrimination.
Amendment 318 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
2. For the purposes of assessing whether such a decision or document meets the criteria for refusal of recognition set out in Article 31, it must however be assessed whether the grounds used in the particular case for identifying each parent in the Member State of origin are not manifestly contrary to public policy in a given Member State. In making such an assessment, the fundamental rights and principles set out in the Charter should be respected. This applies in particular to its Article. 3.2.c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5.3 prohibiting trafficking in human beings and Article. 21 prohibiting discrimination.
Amendment 326 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance ofrespecting the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3.2.c prohibiting the use of the human body and its individual parts as a source of profit, art. 5.3 prohibiting trafficking in human beings and art. 21 prohibiting discrimination.
Amendment 331 #
Proposal for a regulation
Article 46
Article 46
Amendment 333 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 336 #
Proposal for a regulation
Article 48
Article 48
Amendment 337 #
Proposal for a regulation
Article 49
Article 49
Amendment 342 #
Proposal for a regulation
Article 50
Article 50
Amendment 345 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Amendment 347 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
Amendment 348 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 350 #
Proposal for a regulation
Article 52
Article 52
Amendment 353 #
Proposal for a regulation
Article 53
Article 53
Amendment 356 #
Proposal for a regulation
Article 54
Article 54
Amendment 357 #
Proposal for a regulation
Article 55
Article 55
Amendment 360 #
Proposal for a regulation
Article 56
Article 56
Amendment 364 #
Proposal for a regulation
Article 57
Article 57
Amendment 367 #
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 391 #
Proposal for a regulation
Annex I – title
Annex I – title
6.7. Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State). 6.7.1 Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State).
Amendment 392 #
Proposal for a regulation
Annex II
Annex II
Amendment 393 #
Proposal for a regulation
Annex II – title
Annex II – title
7.7. Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State). 8.7. Premises constituting the basis for establishing parentage (enabling assessment from the point of view of the provisions in force in this respect in another Member State).
Amendment 395 #
Proposal for a regulation
Annex III
Annex III
Amendment 398 #
Proposal for a regulation
Annex IV
Annex IV
Amendment 401 #
Proposal for a regulation
Annex V
Annex V
Amendment 576 #
Proposal for a regulation
Annex I – title
Annex I – title
ATTESTATION CONCERNING A FINAL COURT DECISION IN MATTERS OF PARENTHOOD
Amendment 577 #
Proposal for a regulation
Annex I – subtitle
Annex I – subtitle
IMPORTANT To be issued, upon application by a party, with regard to a final court decision in matters of parenthood, by the court of the Member State of origin as communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 578 #
Proposal for a regulation
Annex I – point 5.3
Annex I – point 5.3
5.3. Sex*:
Amendment 579 #
Proposal for a regulation
Annex I – point 5.6
Annex I – point 5.6
5.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 580 #
Proposal for a regulation
Annex I – point 6.5
Annex I – point 6.5
6.5 Identity number or social security number (if applicable and available): *:………………………………….
Amendment 581 #
Proposal for a regulation
Annex I – point 7.5
Annex I – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 582 #
Proposal for a regulation
Annex I – point 9
Annex I – point 9
Amendment 585 #
Proposal for a regulation
Annex II – point 2.1
Annex II – point 2.1
2.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seisednational law)
Amendment 586 #
Proposal for a regulation
Annex II – point 2.2
Annex II – point 2.2
Amendment 587 #
Proposal for a regulation
Annex II – point 2.3
Annex II – point 2.3
Amendment 588 #
Proposal for a regulation
Annex II – point 2.4
Annex II – point 2.4
Amendment 589 #
Proposal for a regulation
Annex II – point 2.5
Annex II – point 2.5
Amendment 590 #
Proposal for a regulation
Annex II – point 2.6
Annex II – point 2.6
Amendment 591 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Authentic instrument with binding legal effect
Amendment 592 #
Proposal for a regulation
Annex II – point 5.1
Annex II – point 5.1
Amendment 593 #
Proposal for a regulation
Annex II – point 5.2
Annex II – point 5.2
5.2. Reference number of the authentic instrument (if applicable)with binding legal effect*:
Amendment 594 #
Proposal for a regulation
Annex II – point 5.4
Annex II – point 5.4
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin*:
Amendment 596 #
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. Child covered by the authentic instrument with binding legal effect
Amendment 597 #
Proposal for a regulation
Annex II – point 6.3
Annex II – point 6.3
6.3. Sex*:
Amendment 598 #
Proposal for a regulation
Annex II – point 6.6
Annex II – point 6.6
6.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 599 #
Proposal for a regulation
Annex II – point 7.5
Annex II – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 600 #
Proposal for a regulation
Annex II – point 8.5
Annex II – point 8.5
8.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 606 #
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Court or other competent authority which established parenthood with binding legal effect or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 2)
Amendment 607 #
Proposal for a regulation
Annex IV – point 3.2.3
Annex IV – point 3.2.3
Amendment 608 #
Proposal for a regulation
Annex IV – point 3.4
Annex IV – point 3.4
3.4. Reference number of the case*:
Amendment 609 #
Proposal for a regulation
Annex IV – point 4
Annex IV – point 4
Amendment 610 #
Proposal for a regulation
Annex IV – point 4.6
Annex IV – point 4.6
4.6. Identification number*: _________________ 12 Please indicate the most relevant number if applicable.
Amendment 611 #
Proposal for a regulation
Annex IV – point 4.8
Annex IV – point 4.8
4.8. Telephone*:
Amendment 612 #
Proposal for a regulation
Annex IV – point 4.9
Annex IV – point 4.9
4.9. E-mail*:
Amendment 613 #
Proposal for a regulation
Annex IV – point 4.10
Annex IV – point 4.10
4.10. Place of registration of parenthood*:
Amendment 614 #
Proposal for a regulation
Annex IV – point 4.11
Annex IV – point 4.11
Amendment 615 #
Proposal for a regulation
Annex IV – point 5.5
Annex IV – point 5.5
5.5. Identification number*: _________________ 13 Please indicate the most relevant number if applicable.
Amendment 616 #
Proposal for a regulation
Annex IV – point 6.5
Annex IV – point 6.5
6.5. Identification number*: _________________ 14 Please indicate the most relevant number if applicable.
Amendment 617 #
Proposal for a regulation
Annex IV – point 7
Annex IV – point 7
7. Details concerning the representative of the applicant15 (to be completed only if the applicant is represented)
Amendment 618 #
Proposal for a regulation
Annex IV – point 7.3.1
Annex IV – point 7.3.1
7.3.1. Registration number*:
Amendment 619 #
Proposal for a regulation
Annex IV – point 7.3.3
Annex IV – point 7.3.3
7.3.3. Date (dd/mm/yyyy) and place of registration*:
Amendment 620 #
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. Documents annexed to this application form* Court decision establishing parenthood Authentic instrument establishing parenthood with binding legal effect (for example, decision by an administrative authority, decision by a notary, decision by a registrar or act of registration by a registrar) Authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (for example, a birth certificate)Final court decision establishing parenthood deleted
Amendment 624 #
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Court or other competent authority which established parenthood with binding legal effect (in a final court decision or an authentic instrument with binding legal effect) or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 1)
Amendment 625 #
Proposal for a regulation
Annex V – point 2.2.3
Annex V – point 2.2.3
Amendment 626 #
Proposal for a regulation
Annex V – point 4
Annex V – point 4
4. Competence of the issuing authority (Article 48 of Council Regulation (EU) 20XX/X) The issuing authority is located in the Member State in which parenthood was established and whose courts have jurisdiction pursuant to:* 4.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seised) 4.2. □ Article 6(b) of Regulation (EU) 20XX/X (general jurisdiction - nationality of the child at the time the court is seised) 4.3. □ Article 6(c) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of the respondent at the time the court is seised) 4.4. □ Article 6(d) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of one of the parents at the time the court is seised) 4.5. □ Article 6(e) of Regulation (EU) 20XX/X (general jurisdiction - birth of the child) 4.6. □ Article 7 of Regulation (EU) 20XX/X (presence of the child)national law) deleted deleted deleted deleted deleted 4.7. □ Article 9 of Regulation (EU) 20XX/X (forum necessitatis)
Amendment 627 #
Proposal for a regulation
Annex V – point 5.3
Annex V – point 5.3
5.3. Sex*:
Amendment 628 #
Proposal for a regulation
Annex V – point 5.5
Annex V – point 5.5
5.5. Nationality*:
Amendment 629 #
Proposal for a regulation
Annex V – point 5.6
Annex V – point 5.6
5.6. Identification number*: _________________ 15 Please indicate the most relevant number.
Amendment 630 #
Proposal for a regulation
Annex V – point 5.9
Annex V – point 5.9
Amendment 631 #
Proposal for a regulation
Annex V – point 6.1.5
Annex V – point 6.1.5
6.1.5. Identification number * _________________ 16 Please indicate the most relevant number.
Amendment 632 #
Proposal for a regulation
Annex V – point 6.1.7.1
Annex V – point 6.1.7.1
6.1.7.1. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Sweden □ Other (please specify ISO- code):…..…………………………..………… ………………………deleted
Amendment 633 #
Proposal for a regulation
Annex V – point 6.1.7.2
Annex V – point 6.1.7.2
Amendment 634 #
Proposal for a regulation
Annex V – point 6.1.7.2.1
Annex V – point 6.1.7.2.1
Amendment 635 #
Proposal for a regulation
Annex V – point 6.1.7.2.2
Annex V – point 6.1.7.2.2
Amendment 636 #
Proposal for a regulation
Annex V – point 6.1.7.2.3
Annex V – point 6.1.7.2.3
Amendment 637 #
Proposal for a regulation
Annex V – point 6.1.7.2.4
Annex V – point 6.1.7.2.4
Amendment 638 #
Proposal for a regulation
Annex V – point 6.2.5
Annex V – point 6.2.5
6.2.5. Identification number* _________________ 16 Please indicate the most relevant number.
Amendment 639 #
Proposal for a regulation
Annex V – point 6.2.7.1
Annex V – point 6.2.7.1
Amendment 640 #
Proposal for a regulation
Annex V – point 6.2.7.2
Annex V – point 6.2.7.2
Amendment 641 #
Proposal for a regulation
Annex V – point 6.2.7.2.1
Annex V – point 6.2.7.2.1
Amendment 642 #
Proposal for a regulation
Annex V – point 6.2.7.2.2
Annex V – point 6.2.7.2.2
Amendment 643 #
Proposal for a regulation
Annex V – point 6.2.7.2.3
Annex V – point 6.2.7.2.3
Amendment 644 #
Proposal for a regulation
Annex V – point 6.2.7.2.4
Annex V – point 6.2.7.2.4
Amendment 645 #
Proposal for a regulation
Annex V – point 7.2.4
Annex V – point 7.2.4
7.2.4. Identification number* _________________ 19 Please indicate the most relevant number.
Amendment 646 #
Proposal for a regulation
Annex V – point 7.3.4
Annex V – point 7.3.4
7.3.4. Surname(s) and given name(s) of person authorised to sign for the organisation:*