Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | HONEYBALL Mary ( S&D) | RADEV Emil ( PPE), DZHAMBAZKI Angel ( ECR) |
Lead committee dossier:
Legal Basis:
TFEU 081-p3, TFEU 218-p6b-ab
Legal Basis:
TFEU 081-p3, TFEU 218-p6b-abSubjects
Events
PURPOSE: to authorise Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Convention).
NON-LEGISLATIVE ACT: Council Decision (EU) 2019/307 authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
CONTENT: under this Council Decision, Austria and Romania are hereby authorised to accept, in the interest of the Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Convention).
Austria and Romania shall, no later than 19 February 2020, deposit a declaration of acceptance of the accession of Honduras to the 1980 Hague Convention in the interest of the Union.
The 1980 Hague Convention establishes, at the international level, a system of obligations and cooperation between Contracting States and between central authorities and aims to ensure the immediate return of wrongfully removed or retained children. All EU Member States are parties to the Convention.
Regulation (EC) No 2201/2003 (‘Brussels II bis’ Regulation) complements and reinforces the 1980 Hague Convention. It aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody.
The European Union has set as one of its aims the promotion of the protection of the rights of the child. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. In this context, the Union encourages third States to accede to the 1980 Hague Convention and supports the proper implementation of the Convention.
In this context, the Union encourages third States to accede to the 1980 Hague Convention and supports the proper implementation of the Convention.
In its Opinion 1/13 of the Court of Justice of the European Union, it was stated that the exclusive competence of the European Union.
The decision whether to accept the accession of Honduras has to be taken at EU level by means of a Council Decision.
Honduras deposited its instrument of accession to the 1980 Hague Convention on 20 December 1993.
The 1980 Convention is already into force between Honduras and 25 EU Member States. Austria and Romania, consulted by the Commission on their willingness to accept the accession of Honduras to the 1980 Convention, gave a favourable opinion.
The acceptance of Austria and Romania shall make the 1980 Convention applicable between Honduras and all EU Member States except Denmark.
The United Kingdom and Ireland are bound by the Brussels IIa Regulation and are therefore taking part in the adoption and application of this Decision.
ENTRY INTO FORCE: the decision shall take effect on the day of its notification.
The European Parliament adopted by 617 votes to 16, with 15 abstentions, a legislative resolution on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
Parliament has approved the authorisation for Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
The acceptance of Austria and Romania will make the 1980 Convention applicable between Honduras and all EU Member States with the exception of Denmark.
The Committee on Legal Affairs adopted the report by Mary HONEYBALL (S&D, UK) on the proposal for a Council decision authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
As the matter of international child abduction falls within the exclusive external competence of the European Union, the decision whether to accept the accession of Honduras has to be taken at EU level by means of a Council Decision. Austria and Romania should thus make the declaration of acceptance concerning the accession of Honduras in the interest of the European Union.
The acceptance of Austria and Romania would render the 1980 Convention applicable between Honduras and all EU Member States except Denmark.
The committee called on the European Parliament to approve the proposal without amendment, in order to ensure that EU-wide protection is afforded to the children in question.
PURPOSE: t o authorise Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Convention).
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 1980 Convention has been ratified by 98 countries including all EU Member States. Its purpose is to restore the status quo by means of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.
As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it.
The 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession.
In its Opinion 1/13 of the Court of Justice of the European Union, it was stated that the exclusive competence of the European Union . The decision whether to accept the accession of Honduras has to be taken at EU level by means of a Council Decision.
Honduras deposited the accession instrument to the 1980 Convention on 20 December 1993. The 1980 Convention is already into force between Honduras and 25 EU Member States. Austria and Romania, consulted by the Commission on their willingness to accept the accession of Honduras to the 1980 Convention, gave a favourable opinion .
As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (Brussels IIa Regulation), o ne of the main objectives of the Regulation is to deter child abduction between Member States by establishing procedures to ensure the child's prompt return to the Member State of his/her habitual residence.
14 Council Decisions have been already adopted between June 2015 and December 2017 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 20 third countries (Morocco, Singapore, the Russian Federation, Albania, Andorra, the Seychelles, Armenia, the Republic of Korea, Kazakhstan, Peru, Georgia, South Africa, Chile, Iceland, the Bahamas, Panama, Uruguay, Colombia, El Salvador and San Marino).
CONTENT: the Commission proposes that the Council adopt a decision authorising Austria and Romania to accept, in the interests of the Union, the accession of Honduras to the 1980 Hague Convention . The present proposal is evidently linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child.
Austria and Romania should submit their declarations of acceptance at the latest 12 months after the date of adoption of this Decision.
The United Kingdom and Ireland are bound by the Brussels IIa Regulation and are therefore taking part in the adoption and application of this Decision.
The acceptance of Austria and Romania would render the 1980 Convention applicable between Honduras and all EU Member States except Denmark.
Documents
- Final act published in Official Journal: Decision 2019/307
- Final act published in Official Journal: OJ L 051 22.02.2019, p. 0013
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0051/2019
- Committee report tabled for plenary, 1st reading/single reading: A8-0457/2018
- Committee draft report: PE630.394
- Legislative proposal published: COM(2018)0528
- Legislative proposal published: EUR-Lex
- Committee draft report: PE630.394
Votes
A8-0457/2018 - Mary Honeyball - Vote unique 31/01/2019 12:23:38.000 #
History
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