Progress: Awaiting final decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | DZHAMBAZKI Angel ( ECR) | RADEV Emil ( PPE) |
Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
TFEU 081-p3, TFEU 218
Legal Basis:
TFEU 081-p3, TFEU 218Subjects
Events
The European Parliament adopted by 642 votes to 4, with 17 abstentions, a legislative resolution on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
In line with the recommendation made by Committee on Legal Affairs, Parliament approved, without amendment, the authorisation for certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction .
In brief, the EU now has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13 of 14 October 2014. Following the accession of Kazakhstan to the Convention, a Council decision is therefore necessary to authorise the Member States (except Denmark, which is excluded from the Union's civil justice policy, and the Netherlands, which have already accepted the accession of Kazakhstan) to accept that accession.
Text adopted by Parliament, 1st reading/single reading
PURPOSE: to authorise certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: the European Union has set as one of its aims the promotion of the protection of the rights of the child , as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.
As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation) which is the cornerstone of EU judicial cooperation in matrimonial matters and matters of parental responsibility. It complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which establishes, at international level, a system of obligations and cooperation among contracting States and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.
The 1980 Hague Convention has been ratified by 93 countries, including all EU Member States. The Convention entered into force in Kazakhstan on 1 September 2013 . Only the Kingdom of the Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention.
At the international level, the European Union supports the accession of third States to the 1980 Convention in order for its Member States to rely upon a common legal framework to deal with international child abductions. An assessment of the situation in Kazakhstan has led to the conclusion that those Member States that have not yet accepted the accession of Kazakhstan are in a position to accept, in the interest of the Union, the accession of Kazakhstan under the terms of the 1980 Hague Convention.
CONTENT: this proposal for a Council Decision seeks to ensure that the 1980 Hague Convention on the Civil Aspects of International Child Abduction enters into force between the Kazakhstan and all EU Member States.
The Member States that have not yet done so are hereby authorised to accept the accession of Kazakhstan to the Hague Convention. The Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention and should therefore not deposit a new declaration of acceptance as the existing declaration remains valid under public international law.
Beside the general objective of developing judicial cooperation in civil matters having cross-border implications, the present proposal is linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child. The proposal is also consistent with the promotion of the use of mediation in the settlement of cross-border family disputes. The Directive on certain aspects of mediation in civil and commercial matters applies, among other matters, to family law within the common European judicial area.
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are therefore taking part in the adoption and application of this Decision. Denmark, however, shall not be taking part in it.
Legislative proposal
PURPOSE: to authorise certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: the European Union has set as one of its aims the promotion of the protection of the rights of the child , as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.
As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation) which is the cornerstone of EU judicial cooperation in matrimonial matters and matters of parental responsibility. It complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which establishes, at international level, a system of obligations and cooperation among contracting States and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.
The 1980 Hague Convention has been ratified by 93 countries, including all EU Member States. The Convention entered into force in Kazakhstan on 1 September 2013 . Only the Kingdom of the Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention.
At the international level, the European Union supports the accession of third States to the 1980 Convention in order for its Member States to rely upon a common legal framework to deal with international child abductions. An assessment of the situation in Kazakhstan has led to the conclusion that those Member States that have not yet accepted the accession of Kazakhstan are in a position to accept, in the interest of the Union, the accession of Kazakhstan under the terms of the 1980 Hague Convention.
CONTENT: this proposal for a Council Decision seeks to ensure that the 1980 Hague Convention on the Civil Aspects of International Child Abduction enters into force between the Kazakhstan and all EU Member States.
The Member States that have not yet done so are hereby authorised to accept the accession of Kazakhstan to the Hague Convention. The Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention and should therefore not deposit a new declaration of acceptance as the existing declaration remains valid under public international law.
Beside the general objective of developing judicial cooperation in civil matters having cross-border implications, the present proposal is linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child. The proposal is also consistent with the promotion of the use of mediation in the settlement of cross-border family disputes. The Directive on certain aspects of mediation in civil and commercial matters applies, among other matters, to family law within the common European judicial area.
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are therefore taking part in the adoption and application of this Decision. Denmark, however, shall not be taking part in it.
Legislative proposal
Documents
- Decision by Parliament: T8-0373/2016
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A8-0268/2016
- Committee report tabled for plenary, 1st reading/single reading: A8-0268/2016
- Committee draft report: PE587.432
- Legislative proposal: COM(2016)0368
- Legislative proposal: Go to the pageEur-Lex
- Legislative proposal published: COM(2016)0368
- Legislative proposal published: Go to the page Eur-Lex
- Committee draft report: PE587.432
- Committee report tabled for plenary, 1st reading/single reading: A8-0268/2016
- Legislative proposal: COM(2016)0368 Go to the pageEur-Lex
Activities
- Tim AKER
- Marina ALBIOL GUZMÁN
- Jean ARTHUIS
- Marie-Christine ARNAUTU
- Jonathan ARNOTT
- Zigmantas BALČYTIS
- Hugues BAYET
- Xabier BENITO ZILUAGA
- José BLANCO LÓPEZ
- Marie-Christine BOUTONNET
- Renata BRIANO
- Steeve BRIOIS
- Alain CADEC
- Nicola CAPUTO
- Salvatore CICU
- Alberto CIRIO
- Jane COLLINS
- Therese COMODINI CACHIA
- Pál CSÁKY
- Javier COUSO PERMUY
- Edward CZESAK
- Michel DANTIN
- William (The Earl of) DARTMOUTH
- Rachida DATI
- Isabella DE MONTE
- Marielle DE SARNEZ
- Norbert ERDŐS
- Georgios EPITIDEIOS
- Edouard FERRAND
- Lorenzo FONTANA
- Doru-Claudian FRUNZULICĂ
- Ildikó GÁLL-PELCZ
- Francisco de Paula GAMBUS MILLET
- Elena GENTILE
- Lidia Joanna GERINGER DE OEDENBERG
- Sylvie GODDYN
- Beata GOSIEWSKA
- Tania GONZÁLEZ PEÑAS
- Brian HAYES
- Marian HARKIN
- Mike HOOKEM
- Cătălin Sorin IVAN
- Diane JAMES
- Petr JEŽEK
- Marc JOULAUD
- Ivan JAKOVČIĆ
- Philippe JUVIN
- Barbara KAPPEL
- Afzal KHAN
- Giovanni LA VIA
- Marine LE PEN
- Paloma LÓPEZ BERMEJO
- Vladimír MAŇKA
- Ivana MALETIĆ
- Andrejs MAMIKINS
- Dominique MARTIN
- Notis MARIAS
- Jean-Luc MÉLENCHON
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Sophie MONTEL
- Elisabeth MORIN-CHARTIER
- József NAGY
- Liadh NÍ RIADA
- Franz OBERMAYR
- Margot PARKER
- Florian PHILIPPOT
- Marijana PETIR
- Miroslav POCHE
- Franck PROUST
- Julia REID
- Sofia RIBEIRO
- Liliana RODRIGUES
- Claude ROLIN
- Fernando RUAS
- Tokia SAÏFI
- Lola SÁNCHEZ CALDENTEY
- Jasenko SELIMOVIC
- Maria Lidia SENRA RODRÍGUEZ
- Siôn SIMON
- Branislav ŠKRIPEK
- Monika SMOLKOVÁ
- Davor ŠKRLEC
- Neoklis SYLIKIOTIS
- Eleftherios SYNADINOS
- Tibor SZANYI
- Dubravka ŠUICA
- Claudia ȚAPARDEL
- Pavel TELIČKA
- Mylène TROSZCZYNSKI
- Traian UNGUREANU
- Kazimierz Michał UJAZDOWSKI
- Ramon TREMOSA i BALCELLS
- Ángela VALLINA
- Miguel VIEGAS
- Jana ŽITŇANSKÁ
Votes
A8-0268/2016 - Angel Dzhambazki - Vote unique #
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