4 Amendments of Daniele VIOTTI related to 2015/2086(INL)
Amendment 214 #
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, that automatic recognition is subject, firstly, to the condition that recognition must not be manifestly contrary to the public order of the recognising Member State, while emphasising that such refusals may never lead to de facto discriminations prohibited by Article 21 of the Charter of Fundamental Rights of the European Union, 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 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 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;