Activities of Virginie ROZIÈRE related to 2015/2086(INL)
Plenary speeches (1)
Cross-border aspects of adoptions (debate) FR
Shadow reports (1)
REPORT with recommendations to the Commission on cross border aspects of adoptions PDF (345 KB) DOC (83 KB)
Amendments (23)
Amendment 28 #
Motion for a resolution
Recital B
Recital B
B. whereas the purpose of adoption is not to give adults the right to a child, but to give the child a loving and caring environment to grow up and develop ina good many challenges still need to be met before respect for the rights of the child becomes a reality;
Amendment 36 #
Motion for a resolution
Recital C
Recital C
C. whereas the relevant authorities should neverot consider that the economic circumstances of the biological parents justify, in themselves, the withdrawal of parental authority and giving a child up for adoption, but this could form part of a set of established criteria;
Amendment 42 #
Motion for a resolution
Recital D
Recital D
D. whereas adoption proceedings should neverot commence before any decision withdrawing parental authority from the biological parents is final, and the latter have been given the opportunity to exhaust all legal remedies against that decision;
Amendment 72 #
Motion for a resolution
Recital K
Recital K
K. whereas citizens do not haveshould be given better access to comprehensive information on the legal and procedural aspects of domestic adoption in Member States,;
Amendment 85 #
Motion for a resolution
Recital M
Recital M
M. whereas more needs to be done to prevent the cross-border trafficking of children for the purpose of adopt(Does not affect the English version;)
Amendment 92 #
Motion for a resolution
Recital O
Recital O
Amendment 105 #
Motion for a resolution
Recital S
Recital S
S. whereas the current situation can causes problems and prevents families from fully exercising their right to free movement;
Amendment 195 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 210 #
Motion for a resolution
Annex – Part A – paragraph 1
Annex – Part A – paragraph 1
1. On the basis ofExercising their right to free movement which EU citizens benefit from under the Treaties, an ever increasing, albeit small,, an increasing number of familieEU citizens decide each year to move to another Member State of the Union. This hacreates a number of consequences for the civil justice policy of the Union, as provision must be made fordifficulties regarding the recognition and the legal resolution of the personal and family law situation of mobile individuals. For example, a regulation has been adoptedThe European Union has made a start on addressing these problem situations, for example by adopting a regulation concerning the succession of such persons, and regulations are in preparation for, and by putting in place enhanced cooperation regarding the recognition of certain aspects of matrimonial property regimes and the property effects of registered partnerships.
Amendment 211 #
Motion for a resolution
Annex – Part A – paragraph 3
Annex – Part A – paragraph 3
3. It is therefore necessary, in order to protect the fundamental rights and freedoms of such Union citizens, to adopt a regulation providing for the automatic cross-border recognition of adoption orders. The proper legal basis for such a proposal is Article 67(4) TFEUof the Treaty on the Functioning of the European Union, which concerns the mutual recognition of judgments and decisions, and Article 81(3) TFEU, which concerns measures in the field of family law. The regulation is to be adopted by the Council after consulting the European Parliament.
Amendment 212 #
Motion for a resolution
Annex – Part A – paragraph 4
Annex – Part A – paragraph 4
4. The proposed regulation provides for the automatic recognition of adoption orders made in a Member State under any procedure other than under the framework of the 1993 Hague Convention. As European families may also have connections with or have lived in a third country in the past, and the regulation therefore also provides that, once one Member State has recognised an adoption order made in a third country under its relevant national procedural rules, that adoption order shall be recognised in all other Member States.
Amendment 213 #
Motion for a resolution
Annex – Part A – paragraph 5
Annex – Part A – paragraph 5
5. However, in order to avoid forum shopping or the application of inappropriate national laws, tThat automatic recognition is subject, firstly, to the condition, firstly, that recognition must not be manifestly contrary to the public order of the recognising Member Statebe in the best interests of the child and, secondly, that the Member State which took the adoption decision had jurisdiction under Article 4. Only the Member State of the habitual residence of the parent or parents or of the child can have that jurisdiction. However, where the adoption decision was taken in a third country, jurisdiction for the initial recognition within the Union of that adoption can also lie with the Member State of nationality of the parents or child. This is in order to ensure access to justice for European families resident overseas.
Amendment 215 #
Motion for a resolution
Annexe –Part B – recital 3
Annexe –Part B – recital 3
(3) In order to attain the objective ofensure free movement for families which have adopted a child, it is necessary and appropriate that the rules governing jurisdiction and the recognition of adoption orders be governed by a legal instrument of the Union which is binding and directly applicable.
Amendment 220 #
Motion for a resolution
Annex – Part B – recital 10 a (new)
Annex – Part B – recital 10 a (new)
(10a) This regulation prohibits discrimination based on gender, race or ethnic origin, disability, sexual orientation, religion or beliefs.
Amendment 221 #
Motion for a resolution
Annex – Part B – recital 10 a (new)
Annex – Part B – recital 10 a (new)
(10a) This Regulation is to be implemented without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. If Member States invoke the public policy exception in order to refuse the recognition of an adoption, such a decision should be preceded by an assessment of the compatibility with the Union legal order, an inquiry into the genuineness of the concern, a check whether in advancing the ground for refusal of recognition of an adoption order the Member States concerned are not violating other values protected by the Union legal order, in particular through the Charter of Fundamental Rights of the Union and finally a proportionality test.
Amendment 222 #
Motion for a resolution
Annex – Part B – recital 11
Annex – Part B – recital 11
(11) This Regulation should not affect the substantive family law, including the law on adoption, of the Member States. Furthermore, any recognition of an adoption order under this Regulation should not imply the recognition of any legal relationship between adopting parents, as long as the separate legal relationships between the adopted child and its adopting parents are recognised.
Amendment 224 #
Motion for a resolution
Annex – Part B – recital 11
Annex – Part B – recital 11
(11) This Regulation should not affect the substantive family law, including the law on adoption, of the Member States. Furthermore, any recognition of an adoption order under this Regulation should not automatically imply the recognition of any legal relationship between adopting parents.
Amendment 225 #
Motion for a resolution
Annex – Part B – recital 13
Annex – Part B – recital 13
Amendment 227 #
Motion for a resolution
Annex – Part B – Article 1 – paragraph 3 – point a
Annex – Part B – Article 1 – paragraph 3 – point a
(a) recognise the existence of any legal relationship between parents of an adopted child, as long as the separate legal relationships between the adopted child and all its adopting parents are recognised;
Amendment 234 #
Motion for a resolution
Annex – Part B – article 6 – point a
Annex – Part B – article 6 – point a
(a) if such recognition is manifestly contrary to public policy (ordre public) in the Member State addressethe best interests of the child;
Amendment 237 #
Motion for a resolution
Annex – Part B – Article 7 – paragraph 1
Annex – Part B – Article 7 – paragraph 1
1. On the application by any interested partyparty who has the right to bring a legal action in accordance with national law, the recognition of an adoption order shall be refused where one of the grounds referred to in Article 6 is found to exist.
Amendment 239 #
Motion for a resolution
Annex – Part B – Article 7 – paragraph 5
Annex – Part B – Article 7 – paragraph 5
Amendment 243 #