Activities of Jean-Marie CAVADA related to 2016/0190(CNS)
Legal basis opinions (0)
Amendments (11)
Amendment 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) To this end, the Union is to adopt, among others, measures in the field of judicial cooperation in civil matters having cross-border implications, particularly when necessary for the free movement of persons and for the proper functioning of the internal market.
Amendment 34 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Within the meaning of Article 11 of this Regulation, jurisdiction rules are also applicable to all children who are present on Union territory and whose habitual residence cannot be established with certainty. The scope thereof extends in particular to refugee children and children who have been internationally displaced either for socioeconomic reasons or because of disturbances occurring in their country.
Amendment 49 #
Proposal for a regulation
Recital 18
Recital 18
(18) In exceptional cases, the authorities of the Member State of habitual residence of the child may not be the most appropriate authorities to deal with the case. In the best interests of the child, aAs an exception and under certain conditions, the authority having jurisdiction may transfer its jurisdiction in connection with a specific case to an authority of another Member State if this authority is better placed to hear the case. However, in this case the second authority should not be allowed to transfer jurisdiction to a third authority . Prior to any transfer of competence, the best interests of the child must be considered and fully taken into account.
Amendment 63 #
Proposal for a regulation
Recital 28
Recital 28
(28) In all cases concerning children, and in particular in cases of international child abduction, before or after referral to judicial and administrative authorities should consider the possibility of achieving amicable solutions through mediation and other appropriate means, the parties should have recourse in a timely manner, if possible, to mediation and other appropriate means in order to achieve an amicable and prompt solution, assisted, where appropriate, by existing networks and support structures for mediation in cross-border parental responsibility disputes. Such efforts should not, however, unduly prolong the return proceedings under the 1980 Hague Convention.
Amendment 67 #
Proposal for a regulation
Recital 33
Recital 33
(33) In addition, the aim of making cross-border facilitigation concerning children less time consuming ng the free movement of Europeand costlyitizens justifies the abolition of the declaration of enforceability prior to enforcement in the Member State of enforcement for all decisions on parental responsibility matters. That will, in particular, make cross-border litigation concerning children less time consuming and costly. While Regulation (EC) No 2201/2003 only abolished this requirement for decisions granting access and certain decisions ordering the return of a child, this Regulation now provides for a single procedure for the cross-border enforcement of all decisions in matters of parental responsibility. As a result, subject to the provisions of this Regulation, a decision given by the authorities of a Member State should be treated as if it had been given in the Member State of enforcement.
Amendment 73 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Any refusal to recognise a decision as defined in this Regulation on the ground that recognition would be manifestly contrary to the public policy of the Member State concerned must be in accordance with Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 91 #
Proposal for a regulation
Recital 51
Recital 51
(51) Any long-term placement of a child abroad should be in accordance with Article 24(3) of the Charter of Fundamental Rights of the EU (right to maintain personal contact with parents) and with the provisions of the United Nations Convention on the Rights of the Child, notably Articles 8, 9 and 20. In particular, when considering solutions, due regard should be paid to the possibility of placing siblings in the same host family or in the same establishment, to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.
Amendment 127 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
When exercising their jurisdiction under Section 2 of this Chapter, the authorities of the Member States shall ensure that a child who is capable of forming his or her own views is given the genuine and effective opportunity to express those views freely during the proceedingscan actually and effectively express those views during the proceedings. The child must be in a position to express himself or herself, free of all pressure, in particular parental pressure, if necessary solely before the authorities in charge of the case.
Amendment 140 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. As early as possible during the proceedings, the court shall examine whether the parties are willing to engage in mediation to find, in the best interests of the child, an agreed solution, provided that this does not unduly delay the proceedings. The court, if it regards mediation as appropriate, shall invite the parties to have recourse thereto.
Amendment 163 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought, though refusal may not result in any form of discrimination prohibited by Article 21 of the Charter of Fundamental Rights of the European Union; or
Amendment 180 #
Proposal for a regulation
Article 64 – paragraph 5 a (new)
Article 64 – paragraph 5 a (new)
5a. An authority of a Member State may request the Central Authority of another Member State to provide information on the national law of that Member State with regard to issues that fall within the scope of this Regulation and are relevant for the examination of a case under this Regulation. The authority of the Member State to which a request is submitted shall respond as soon as possible.