28 Amendments of Beatrix von STORCH related to 2015/2086(INL)
Amendment 7 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to "Issue paper on Adoption and Children: A Human Rights Perspective", published by the Council of Europe Commissioner for Human Rights, in particular section II on Respecting children's rights in the adoption procedure,
Amendment 10 #
Motion for a resolution
Subheading 1
Subheading 1
Common minimum standards for the recognition of adoption orders
Amendment 14 #
Motion for a resolution
Recital A
Recital A
A. whereas in the area of recognition of adoption orders, the basic principle must always be that any decision should be taken in the best interest of the child and whereas the best interest of the child should be interpreted in accordance with the laws and public policies of the Member State of enforcement;
Amendment 23 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the requested proposal should not apply to surrogacy arrangements;
Amendment 35 #
Motion for a resolution
Recital C
Recital C
Amendment 39 #
Motion for a resolution
Recital D
Recital D
D. whereas adoption proceedings should neverometimes commence before anythe 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; whereas the recognition of an adoption order may be refused on this ground as a matter of public policy;
Amendment 64 #
Motion for a resolution
Recital J
Recital J
J. whereas judicial training in the widest sense is key to mutual trust in all areas of law, including that of adoptionthe principle of mutual recognition - the 'cornerstone' of judicial cooperation - imposes on Member States the obligation, in principle, to give effect to a judgment or decision originating in another Member State;
Amendment 83 #
Motion for a resolution
Recital M
Recital M
M. whereas more needs to be done to prevent the cross-border trafficking of children, such as surrogacy, for the purpose of adoption;
Amendment 91 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas Article 67 TFEU states that the Union shall respect the different legal systems and traditions of the Member States;
Amendment 94 #
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas public policy exemptions serve to safeguard the identity of the Member States, which is reflected in the substantive family law of Member States;
Amendment 120 #
Motion for a resolution
Subheading 5
Subheading 5
Amendment 155 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Condemns the practice of surrogacy, which undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity; considers that the practice of gestational surrogacy which involves reproductive exploitation and use of the human body for financial or other gain, in particular in the case of vulnerable women in developing countries, should be prohibited and treated as a matter of urgency in human rights instruments;
Amendment 202 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Requests the Commission to submit, by 31 July 2017, on the basis of Articles 67 and 81 of the Treaty on the Functioning of the European Union, a proposal for an act on the cross-border recognition of adoption orders, following the recommendations set out in the Annex hereto; stresses that, under Art 81(3) of the Treaty on the Functioning of the European Union, if a national Parliament makes known its opposition within six months, the decision shall not be adopted; invites the national parliaments to use their right to veto any Union legislative act which undermines public morals, family law, as well as the protection of human dignity and respect for human physical and moral integrity;
Amendment 216 #
Motion for a resolution
Annex – Part B – recital 4
Annex – Part B – recital 4
(4) This Regulation should create a clear, comprehensive legal framework in the area of the cross-border recognition of adoption orders, provide families with appropriate outcomes in terms of legal certainty, predictability and flexibility, and prevent a situation from arising where an adoption order legally made in one Member State is not recognised in another.
Amendment 217 #
Motion for a resolution
Annex – Part B – recital 5
Annex – Part B – recital 5
(5) This Regulation should cover the recognition of adoption orders made or recognised in a Member State. However, it should not cover the recognition of intercountry adoptions performed in accordance with the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, as that convention already provides for the automatic recognition of such adoptions. This Regulation should therefore apply only to the recognition of domestic adoptions, and to international adoptions not performed under that convention.
Amendment 218 #
Motion for a resolution
Annex – Part B – recital 6
Annex – Part B – recital 6
(6) There must be a connection between an adoption and the territory of the Member State which maderecognised the adoption order, or recognised it. Accordingly, recognition should be subject to compliance with common rules of jurisdiction.
Amendment 219 #
Motion for a resolution
Annex – Part B – recital 8
Annex – Part B – recital 8
Amendment 223 #
Motion for a resolution
Annex – Part B – recital 11
Annex – Part B – recital 11
(11) The automatic recognition in the Member State of enforcement of an adoption order made in another Member State should not jeopardise the public policy or public morality of the Member State of enforcement. Therefore, 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 the existence of, or give effect to, any legal relationship between adopting parents that is foreign to the Member State of enforcement.
Amendment 228 #
Motion for a resolution
Annex – Part B – Article 1 – paragraph 3
Annex – Part B – Article 1 – paragraph 3
3. Nothing in this regulation requires a Member State to: (a) recognise the existence of, or give effect to, any legal relationship between parents of an adopted child; (b) mak that is foreign to the Member State of enforcement; (b) recognise adoption orders in circumstances in which the relevant national law does not so allow.
Amendment 229 #
Motion for a resolution
Annex – Part B – Article 4
Annex – Part B – Article 4
Amendment 231 #
Motion for a resolution
Annex – Part B – Article 6 – introductory part
Annex – Part B – Article 6 – introductory part
Amendment 233 #
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) or to accepted principles of morality in the Member State addressedof enforcement;
Amendment 235 #
Motion for a resolution
Annex – Part B – Article 6 – point b
Annex – Part B – Article 6 – point b
(b) if the originating Member State of origin did not have jurisdiction under Article 4.
Amendment 238 #
Motion for a resolution
Annex – Part B – Article 7 – paragraph 4
Annex – Part B – Article 7 – paragraph 4
4. The applicant shall provide the court with a certified copy of the order and, where necessary, a an official translation and/or transliteration of it.
Amendment 241 #
Motion for a resolution
Annex – Part B – Article 9
Annex – Part B – Article 9
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 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 lodged.
Amendment 245 #
Motion for a resolution
Annex – Part B – Article 11
Annex – Part B – Article 11
The authorities of the Member State which has made the adoption order shall, at the request of any interested party, issue a European Certificate of Adoption conforming to the model established in accordance with Article 15 within 4 weeks of the date of receipt of the request.
Amendment 246 #
Motion for a resolution
Annex – Part B – Article 12 – paragraph 1
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 those provided for in the law of the Member State of origin.
Amendment 248 #
Motion for a resolution
Annex – Part B – Article 12 – paragraph 2
Annex – Part B – Article 12 – paragraph 2
2. AnyThe interested partyies may challenge the adaptation of the measure or order before a court.