[ParlTrack]

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Title 1

Proposal for a COUNCIL REGULATION on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood ~~and on the creation of a European Certificate of Parenthood~~

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 1

(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters ~~and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters~~, respecting the sole competence of the Member States to govern family law.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 5

(5) Under the Treaties, the sole 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. According to Article 67(1) TFEU, the Union must respect the ‘fundamental rights and the different legal systems and traditions of the Member States’.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 9

(9) At Union level, a number of Union instruments deal with, among other things, certain rights ofconcerning children in cross- border situations, in particular Council Regulation (EC) No 4/200943, Regulation (EU) No 650/2012 of the European Parliament and of the Council44 and Council Regulation (EU) 2019/111145. However, these Regulations do not include provisions on the establishment or the recognition of parenthood. For its part, Regulation (EU) 2016/1191 of the European Parliament and of the Council46 includes public documents on birth, parenthood and adoption in its scope, but this Regulation deals with the authenticity and the language of such documents and not with the recognition of their contents or effects in another Member State. _________________ 43 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). 44 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). 45 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). 46 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (OJ L 200, 26.7.2016, p. 1).

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 10

(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament 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. _________________ 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)).deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 C~~Member States shall not be obliged to transcribe an instrument or recognise a decision where a child is born ourt 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-surrogacy abroad for the purpose of establishing the legal relationship between the child and the intended parent. The case-law of the European Court of Human Rights, without prejudice to the need for States to identify methods for ensuring the protection of the interests of the child in legal recognition of the link with the person who exercises parental control, has granted States a certain discretion in identifying the methods for formalising the parental relationship laid down. This discretion includes methods other than direct recognition, such as the use of the institution of adoption, regulated nationally by Member States. With regard to adoption, the European Court of Human Rights has stressed that this may be considered sufficient to guarantee the protection of the rights of child relationship with the non-biological intended parent (for example through the adoption of the child)54 . _________________ 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 2019n in so far as it is capable of constituting a genuine link of ‘parenthood’ between the adoptive parent and the adopted child, and provided that the methods laid down in domestic law guarantee the effectiveness and speed of implementation of the adoption, in pursuit of the best interests of the child54. 54. Judgment of the European Court of Human Rights, 22 November 2022, D.B. and Others v Switzerland (appeals 58817/15 58252/15); judgment of 22 June 2023, Nuti v Italy (appeals 47998 / 20 and 23142 / 21).

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Citation 1 a (new)

Having regard to the Charter of Fundamental Rights of the European Union,

2023/07/04
Committee: FEMM

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 1 a (new)

(1a) Both the European Union and its Member States must guarantee the legal, economic and social protection of the family;

2023/07/04
Committee: FEMM

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 1 b (new)

(1b) The family is the fundamental nucleus of society;

2023/07/04
Committee: FEMM

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 not contrary to public policy - especially in situations where it could 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.

2023/07/04
Committee: FEMM

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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~~allow Member States to recognise ~~for all purposes~~, in accordance with their public order, the parenthood of a child as established in another Member State. _________________ 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.

2023/07/04
Committee: FEMM

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 3

(3) Articles 21, 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) confer on Union citizens the right to move and reside freely within the territory of the Member States. They comprise the right of Union citizens not to face any obstacles and the right to equal treatment with nationals in the exercise of free movement, including as regards certain social advantages, defined as any advantage which will likely facilitate mobility35. This right also applies to family members of Union citizens as defined by Directive 2004/38/EC of the European Parliament and of the Council36 in matters related to scholarships, admission to education, reductions in public transportation costs for large families, reduced student fares for public transport and reduced museum entrance fees37. The protection afforded by the Treaty provisions on free movement also includes the right to have a name lawfully attributed in a Member State recognised in other Member States38. These articles must be consistent with Article 33(1) of the Charter of Fundamental Rights of the European Union, which provides that the family shall enjoy legal, economic and social protection. _________________ 35 Judgments of the Court of Justice of 31 May 1979, Even, C-207/78, ECLI:EU:C:1979:144 and of 8 June 1999, Meeusen, C-337/97, EU:ECLI:C:1999:284. 36 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004). 37 For instance, judgments of the Court of Justice of 3 July 1974, Casagrande v Landeshauptstadt München, C-9/74, ECLI:EU:C:1974:74; of 27 September 1988, Matteuci, C-235/87, ECLI:EU:C:1988:460; of 30 September 1975, Cristini v S.N.C.F., C-32/75, ECLI:EU:C:1975:120; and of 4 October 2012, Commission v Austria, C-75/11, ECLI:EU:C:2012:605. 38 For instance, judgments of the Court of Justice of 2 October 2003, Carlos García Avello v État belge, Case C-148/02, ECLI:EU:C:2003:539; of 14 October 2008, Grunkin-Paul, Case C‑-353/06, ECLI:EU:C:2008:559; of 8 June 2017, Freitag, Case C‑-541/15, ECLI:EU:C:2017:432.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 status 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 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. 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.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 5 a (new)

(5a) The Commission and the Member States should put the impact on the family at the centre of their policies and legislation on children;

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 26

(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 27 a (new)

(27a) Surrogacy practices, whether for gain or on a voluntary basis, constitute a detestable example of commodification of the female body and of the children born through such practices, who are treated as if they were goods. Nevertheless, the use of such practices is increasing dramatically, and gestation on behalf of others is becoming a business, neglecting the child’s interest in his or her own identity, which is eliminated because the child has no right to know who gave birth to him or her and, thus, who gave him or her life.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 31

(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.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), 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 Charter 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. Article 33(1) of the Charter guarantees the legal, economic and social protection of the family.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 38

(38) This Regulation should 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.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 birthsovereignty of Member States and respect the general principles of private international law, jurisdiction should be determined, in each Member State, in compliance with the laws of that Member State.

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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~~guarantees protection of the family.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 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.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, or by adoption or, in all cases by operation of law, in accordance with the family law of the Member States. 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, with a maximum of two. 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 intended parent,~~ the person who claims to be a ~~parent~~legal parent, insofar as this status is subsequently confirmed, or the person in respect of whom the child claims parenthood, insofar as this status is subsequently confirmed.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 41

(41) Where this Regulation refers to nationality as a connecting factor for the purposes of jurisdiction or applicable law, the question of how to consider a child or a parent having multiple nationalities is a preliminary question which falls outside the scope of this Regulation and should be left to national law, including, where applicable, international conventions, in full observance of the general principles of the Union. For the purposes of this Regulation, a child or a parent possessing multiple nationalities may choose the court or the law of any of the Member States whose nationality he or she possesses at the time of seising the court or at the time the parenthood is established.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 42

(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third- country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced because of disturbances occurring in their State of habitual residence.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 43

(43) Where no court of a Member State has jurisdiction pursuant to this Regulation, jurisdiction should be determined, in each Member State, by the laws of that Member State, including the international instruments in force in that Member State.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 or in forum shopping situations. 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.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 45

(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation ~~and should only produce effects in the proceedings for which it was made~~.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 50

~~(50) This Regulation should provi~~de legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.ted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 woman 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 person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person 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 person 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 person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)national law of the child.

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 person 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 ~~perso~~woman giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the ~~perso~~woman 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 ~~perso~~woman 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 person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 52

(52) By way of exception, where the law applicable as a rule results in the establishment of parenthood as regards only one parent (for example, only the genetic parent in a same-sex couple), either of two subsidiary laws, namely the law of the State of nationality of either parent or the law of the State of birth of the child, may be applied to establish parenthood as regards the second parent (for example, the non-genetic parent in a same-sex couple). Given that, in those cases, both the parenthood as regards one parent and the parenthood as regards the other parent would be established in accordance with one of the laws designated as applicable by this Regulation, the parenthood as regards each parent, including where established by the authorities of different Member States, should be recognised in all other Member States under the rules of this Regulation where the parenthood as regards each parent has been established by the authorities of a Member State whose courts have jurisdiction under this Regulation.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 54

(54) To ensure legal certainty and the continuity of parenthood, where parenthood has been established in a Member State in accordance with one of the laws designated as applicable by this Regulation, the change of applicable law as a result of a change of the habitual residence of the person who gave birth or of the nationality of either parent should not affect the parenthood already established.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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, and Article 33(1), which establishes that family shall enjoy legal, economic and social protection.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 55

(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation~~, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done~~.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 57

(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, but the rules on the conflict of laws laid down by national legal systems must always be observed.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 59

(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deed of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deed, an administrative decision or registration).

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States, neither for the purpose of establishing parenthood in each respective case, which remains a Member States competence according to national family law.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 61

(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any ~~interested party~~party with a legitimate interest recognised under the procedural law of the Member State in which the proceedings were launched who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 64

(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in compliance with national laws and procedures, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the state of being the father or mother of a person and the parent- child relationship ~~established in law. It includes the legal status of being the child of a particular parent or parents~~derived from such status, as established in national family law;

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 68

(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 1 – point 8 a (new)

8a. 'Cross-border element' means an item belonging to a parenthood situation that necessarily implies at least two Member States or a Member State and a third country;

2023/07/04
Committee: FEMM

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 1 – point 8 b (new)

8b. 'Cross-border situation' means the complete set of circumstances and facts pertaining to the establishment of parenthood that necessarily imply at least two Member States or a Member State and a third country;

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 70

(70) The ‘authenticity’ of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be an autonomous concept covering elements such as the genuineness of the instrument, the formal prerequisites of the instrument, the powers of the authority drawing up the instrument and the procedure under which the instrument is drawn up. It should also cover the factual elements recorded in the authentic instrument. A party wishing to challenge the authenticity of such an authentic instrument should do so before the competent court in the Member State of origin of the authentic instrument under the law of that Member State.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 17 – paragraph 1

1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the ~~perso~~woman giving birth at the time of birth or, where the habitual residence of the ~~perso~~woman giving birth at the time of birth cannot be determined, the law of the State of birth of the child.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 71

(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 72

(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.deleted

2023/07/25
Committee: LIBE

Maria Veronica ROSSI, Annika BRUNA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 73

(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.deleted

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 22 – paragraph 1

1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is ~~manifestly~~ incompatible with the public policy (ordre public) of the forum.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 74

(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effects in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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.

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 21 thereof on the right to non- discrimination and Article 24(2) on the child's best interests.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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~~.

2023/07/25
Committee: LIBE

Bert-Jan RUISSEN, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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;

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 78

(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a court decision or an authentic instrument) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a court decision or an authentic instrument be presented instead of the European Certificate of Parenthood.deleted

2023/07/25
Committee: LIBE

Maria Veronica ROSSI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 47 – paragraph 1

TRespecting the limit of public order for contrast with the legislation on family law and constitutional relevance, 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.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted

2023/07/25
Committee: LIBE

Maria Veronica ROSSI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 53 – paragraph 1

1. The Certificate shall produce its effects in all Member States without any special procedure being required, respecting the limits of public order and after consulting with the competent authorities of the country whose recognition is sought.

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 80

(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this Regulation. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.deleted

2023/07/25
Committee: LIBE

Maria Veronica ROSSI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 53 – paragraph 3

3. TAfter a verification conducted by the competent authorities of the Member State in which recognition is requested, the Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).

2023/07/04
Committee: FEMM

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 81

(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 83

(83) The European electronic access point ~~should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also~~ allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 the third indent of Article 3(2) of the Charter, which prohibits making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 5(3) prohibiting trafficking in human beings, Article 5(4) prohibiting trafficking in human beings, and Article 5(5) prohibiting trafficking in human beings, of 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.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 95

(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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~~.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(aa) the existence, validity or recognition of parenthood in Member States;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) parental responsibility and custody matters;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 3 – paragraph 3

3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition ~~or, as the case may be, acceptance~~ of authentic instruments establishing or proving parenthood drawn up or registered in a third State.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the parent- child relationship established in accordance with national law. It includes the legal status of being the child of a particular parent or parents;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 1 – point 5

5. 'court decision' means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood, against which no further appeal may be made, under either routine or extraordinary procedures;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 4 – paragraph 1 – point 7

7. 'Member State of origin' means the Member State in which the court decision on parenthood has been given, the authentic instrument on parenthood has been formally drawn up or registered~~, or the European Certificate of Parenthood has been issued~~;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

~~In matters relating to parenthood, jurisdiction shall lie with the court~~Jurisdiction shall be determined, in each Member State, by the laws of the at Member State:.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – point a

~~(a) of the habitual residence of the child at the time the court is seised, or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – point b

~~(b) of the nationality of the child at the time the court is seised, or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) of the habitual residence of the respondent at the time the court is seised, or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – point d

~~(d) of the habitual residence of either parent at the time the court is seised, or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – point e

~~(e) of the nationality of either parent at the time the court is seised, or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 6 – paragraph 1 – point f

~~(f) of birth of the child.~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 7

~~Jurisdiction based on the presence of the Where jurisdiction cannot be determined on the basis of Article 6, the courts of the Member State where the child is present shall have jurisdiction.~~Article 7 deleted child

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 8

~~Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that Member State.~~Article 8 deleted Residual jurisdiction

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 9 – paragraph 1

Where no court of a Member State has jurisdiction pursuant to ~~other provisions of this Regulation~~its own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 10

1. If the outcome of proceedings in a matter not falling within the scope of this Regulation before a court of a Member State depends on the determination of an incidental question relating to parenthood, a court in that Member State may determine that question for the purposes of those proceedings even if that Member State does not have jurisdiction under this Regulation. 2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made.Article 10 deleted Incidental questions

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 17 – paragraph 1

1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childnational law of the child at the time of birth.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 17 – paragraph 2

2. Notwithstanding paragraph 1, where the applicable law pursuant to paragraph 1 results in the establishment of parenthood as regards only one parent, the law of the State of nationality of that parent or of the second parent, or the law of the State of birth of the child, may apply to the establishment of parenthood as regards the second parent.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 17 a (new)

Article17a Exceptions When the law designated by the preceding Article relates to the recognition of the parent-child relationship established between a child born out of surrogacy and the intended parent, the authority applied to may apply the law of the forum.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 18 – paragraph 1 – point b

(b) the binding legal effect ~~and/or the evidentiary effects~~ of authentic instruments;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 19

~~Where parenthood has been established in a Member State pursuant to this Regulation, a subsequent c~~Article 19 deleted Change of ~~the~~ applicable law ~~shall not affect the parenthood already established.~~

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. A unilateral act intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the ~~following laws:~~law applicable to the establishment of parenthood pursuant to Article 17;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 20 – paragraph 1 – point a

~~(a) the law applicable to the establishment of parenthood pursuant to Article 17;~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 20 – paragraph 1 – point b

~~(b) the law of the State in which the person doing the act has the habitual residence; or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 20 – paragraph 1 – point c

~~(c) the law of the State in which the act was done.~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 20 – paragraph 2

2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum ~~or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum~~.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 22 – paragraph 1

1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum and in the cases provided for in Article 17b.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 21 thereof on the right to non-~~the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 as listed in Article 31.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 24 – paragraph 2

2. In particular, 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.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

1. Any ~~interested party~~party with a legitimate interest under the procedural law of the Member State in which the proceedings were launched may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 27

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. 2. If the court or other competent authority before which a court decision given in another Member State is invoked so requires, a translation or transliteration of such equivalent documents shall be produced.Article 27 deleted Absence of documents

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 28 – paragraph 1 – introductory part

The court before which a court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 28 – paragraph 1 – point a

~~(a) an ordinary appeal against that court decision has been lodged in the Member State of origin; or~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 28 – paragraph 1 – point b

(b) an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 31 – paragraph 1 – point c

(c) upon application by any person with a legitimate interest under the procedural law of the Member State in which the proceedings were launched claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)

(ea) on the grounds of failure to produce the documents required under Article 26, without prejudice to the option for the court seised to derogate from that obligation pursuant to Article 32(7) of this Regulation.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 21 thereof on the right to non-~~the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination .

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 33 – paragraph 2

2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and will be determined on the basis of the law of the Member State of the court that has refused recognition.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 34 – paragraph 1

A court decision given on the challenge or appeal may only be contested by a challenge or appeal where: (1) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71; (2) such courts of appeal or further appeals have been decided on in compliance with the law of the Member State of the court seised.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

This Section shall apply to authentic instruments establishing parenthood in accordance with national law that:

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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 the grounds for refusal of recognition listed in Article 31 are present. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 37 – paragraph 1

1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall~~, upon application by a party,~~ issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
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-~~the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination .

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 39 – paragraph 3

3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views, unless that is not in the interests of the child. Wher~~e th~~e children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 40 – paragraph 1

TWithout prejudice to Articles 34 and 69 of this Regulation, 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.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 44

~~This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.~~Article 44 deleted Scope

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

~~[...]~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 46

Creation of a European Certificate of 1. This Regulation creates a European Certificate of Parenthood (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 53. 2. The use of the Certificate shall not be mandatory. 3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.Article 46 deleted Parenthood

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 47

~~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.~~Article 47 deleted Purpose of the Certificate

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 48

Competence to issue the Certificate 1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 49

1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative. 2. For the purposes of submitting an application, the applicant may use the form established in Annex IV. 3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2): (a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (b) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (d) the place and Member State where the parenthood of the child is registered; (e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood; (f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (g) a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified; (h) any other information which the applicant deems useful for the purposes of the issuance of theArticle 49 deleted Application for a Certificate.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 50

Examination of application 1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidence which it deems necessary. 2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence. 3. Where this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath. 4. For the purposes of this Article, the competent authority of a Member State shall, upon request, provide the issuing authority of another Member State with information held, in particular, in the civil, personal or population registers and other registers recording facts of relevance for the parenthood of the applicant, where that competent authority would be authorised, under national law, to provide another national authority with such information.Article 50 deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 51

1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V. The issuing authority shall not issue the Certificate in particular if: (a) the elements to be certified are being challenged; or (b) the Certificate would not be in conformity with a court decision covering the same elements. 2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a certificate under national law providing evidence of the parenthood of the applicant.Article 51 deleted Issuance of the certificate

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 52

The Certificate shall contain the following information, as applicable: (a) the name, address and contact details of the Member State’s issuing authority; (b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (c) the reference number of the file; (d) the date and place of issue; (e) the place and Member State where the parenthood of the child is registered; (f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (g) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (i) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate; (j) the law applicable to the establishment of parenthood and the elements on the basis of which that law has been determined; (k) a statement informing Union citizens and their family members that the Certificate does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means; (l) signature and/or stamp of the issuing authority.Article 52 deleted Contents of the Certificate

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 53

1. The Certificate shall produce its effects in all Member States without any special procedure being required. 2. The Certificate shall be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate. 3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).Article 53 deleted Effects of the Certificate

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 54

1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative. 2. The issuing authority shall, for the purposes of Articles 55(3) and 57(2), keep a list of persons to whom certified copies have been issued pursuant to paragraph 1.Article 54 deleted Certified copies of the Certificate

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 55

Rectification, modification or withdrawal 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error. 2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. 3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.Article 55 deleted of the Certificate

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

1. Decisions taken by the issuing authority pursuant to Article 51 may be challenged by the applicant for a Certificate or a legal representative. Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State. 2. If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority. 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 issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.Article 56 deleted Redress procedures

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 57

Suspension of the effects of the Certificate 1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge. 2. The issuing authority or, as the case may be, the court shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any suspension of the effects of the Certificate. During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.Article 57 deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 58 – paragraph 1 – point b

~~(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 61 – paragraph 1

1. ~~Each Member State~~The Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points ~~which are located on their territory~~.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 61 – paragraph 3

3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraph~~s 1 and~~ 2, under the relevant Union financial programmes.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 63

~~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.~~Article 63 deleted Delegation of powers

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 64

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 63 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 63 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it to the Council. 6. A delegated act adopted pursuant to Article 63 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. 7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.Article 64 deleted Exercise of the delegation

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 68 – paragraph 1

1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 45, ~~the issuance of a European Certificate of Parenthood pursuant to Article 51,~~ the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 69 – paragraph 3

3. Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought. Chapter V shall apply to the authentic instruments referred to in this paragraph.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 2

~~Chapter V shall apply to the authentic instruments referred to in this paragraph.~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 69 – paragraph 3 a (new)

3a. Final decisions and authentic instruments with binding legal effects issued after the date of entry into force of this Regulation in the Member State of the court which established parenthood, deriving from proceedings launched before its entry into force, shall be recognised pursuant to this Regulation provided that the rules governing jurisdiction applied are in accordance with the rules set out in Chapter II of this Regulation.

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 70 – paragraph 2 – point c

(c) the number of applications challenging the contents of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, and the number of cases in which the challenge was successful;deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 71 – paragraph 1 – point d

(d) the courts and authorities competent to issue the European Certificate of Parenthood pursuant to Article 51, and the courts competent to deal with the redress procedures referred to in Article 56.deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Annex III

~~[...]~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

~~[...]~~deleted

2023/07/25
Committee: LIBE

Vincenzo SOFO, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Annex V

~~[...]~~deleted

2023/07/25
Committee: LIBE

154 Amendments of Margarita DE LA PISA CARRIÓN related to 2022/0402(CNS)

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