[ParlTrack]

Motion for a resolution
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 in~~a child the right to one or more parents so that said child may enjoy fully the rights guaranteed to him or her by virtue of the Charter of Fundamental Rights;

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Recital B a (new)

Ba. whereas any measure or decision that would lead to discrimination, a loss of rights or any legal uncertainty for the adopted child cannot be considered to be in the best interests of the child;

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Recital I

I. whereas, under the Hague Convention, recognition may be refused only if the adoption is manifestly contrary to the public policy of the state concerned, taking into account the best interests of the child;

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Recital I a (new)

Ia. whereas a refusal to recognise an adoption order that has been legally granted in the country of origin contravenes Article 24 of the 1993 Hague Convention when it would have the effect of causing a loss of rights for the child or discrimination against him or her;

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Annex – Part B – article 4 – paragraph 1

1. The authorities of a Member State may only make an adoption order if the adopting parent or parents or the adopted child are ~~habitually~~ resident in that Member State.

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Annex – Part B – article 6 – point a

~~(a) if such recognition is manifestly contrary to public policy (ordre public) in the Member State address~~deleted;

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Annex – Part B – article 7

Article 7 Application for refusal of recognition 1. interested party, the recognition of an adoption order shall be refused where one of the grounds referred to in Article 6 is found to exist. 2. recognition shall be submitted to the court which the Member State concerned has communicated to the Commission pursuant to point (a) of Article 13 as the court to which the application is to be submitted. 3. recognition shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State addressed. 4. The applicant shall provide the court with a copy of the order and, where necessary, a translation or transliteration of it. 5. production of the documents referred to in paragraph 4 if it already possesses them or if it considers it unreasonable to require the applicant to provide them. In the latter case, the court may require the other party to provide those documents. 6. The party seeking the refusal of recognition of an adoption order taken in another Member State shall not be required to have a postal address in the Member State addressed. Nor shall that party be required to have an authorised representative in the Member State addressed unless such a representative is mandatory irrespective of the nationality or the domicile of the parties. 7. application for refusal of recognition without delay.deleted On the application by any The application for refusal of The procedure for refusal of The court may dispense with the The court shall decide on the

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Annex – Part B – Article 8

Article 8 Appeals against the decision on the application for refusal of recognition 1. The decision on the application for refusal of recognition may be appealed against by either party. 2. court which the Member State concerned has communicated to the Commission pursuant to point (b) of Article 13 as the court with which such an appeal is to be lodged. 3. may only be contested by an appeal where the courts with which any further appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to point (c) of Article 13.deleted The appeal is to be lodged with the The decision given on the appeal

2016/07/07
Committee: JURI

Pascal DURAND

The court to which an application for refusal of recognition is submitted or the court which hears an appeal lodged ~~under Article 8(2) or (3) may~~against a judgment on an application for refusal of recognition shall stay the proceedings if an ordinary appeal has been lodged against the adoption order in the Member State of origin or if ~~the time for such an appeal has not yet expired. In the latter case, the court may specify the time within which such an appeal is to be lodg~~all legal remedies have not been exhausted.

2016/07/07
Committee: JURI

Pascal DURAND

Motion for a resolution
Annex – Part B – Article 12 – paragraph 1

1. If a decision or judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent possible, be adapted to a measure or an order known in the law of that Member State which has equivalent effects attached to it and which pursues similar aims and interests. Such adaptation shall not result in effects ~~going beyond~~different from those provided for in the law of the Member State of origin on filiation and adoption.

2016/07/07
Committee: JURI

Activities of Pascal DURAND related to 2015/2086(INL)

Legal basis opinions (0)

Amendments (10)

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