Activities of Angel DZHAMBAZKI related to 2016/0190(CNS)
Legal basis opinions (0)
Amendments (5)
Amendment 33 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure equality for all children, this Regulation should cover all decisions on parental responsibility, including measures for the protection of children, independent of any link with a matrimonial proceeding or other proceedings.
Amendment 40 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not apply to the establishment of parenthood, since this is a different matter from the attribution of parental responsibility, nor to other questions linked to the status of persons. In addition, this Regulation is not intended to apply to matters relating to social security, public measures of a general nature in matters of education or health or to decisions on the right of asylum and on immigration.
Amendment 45 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should not prevent the authorities of a Member State not having jurisdiction over the substance of the matter from taking provisional, including protective measures, in urgent cases, with regard to the person or property of a child present in that Member State. Those measures should be recognised and enforcedable in all other Member States including the Member States having jurisdiction under this Regulation, providing these do not go against Member States jurisdictional provisions and until a competent authority of such a Member State has taken the measures it considers appropriate. Measures taken by a court in one Member State should however only be amended or replaced by measures also taken by a court in the Member State having jurisdiction over the substance of the matter. An authority only having jurisdiction for provisional, including protective measures should, if seised with an application concerning the substance of the matter, declare of its own motion that it has no jurisdiction. Insofar as the protection of the best interests of the child so requires, the authority should inform, directly or through the Central Authority, the authority of the Member State having jurisdiction over the substance of the matter under this Regulation about the measures taken. The failure to inform the authority of another Member State should however not as such be a ground for the non-recognition of the measure.
Amendment 68 #
Proposal for a regulation
Recital 33
Recital 33
(33) In addition, the aim of making cross-border litigation concerning children less time consuming and costly justifies the abolition of the declaration of enforceability prior to enforcement in the Member State of enforcement for all decisions on parental responsibility mattersfalling within the scope of this Regulation. While Regulation (EC) No 2201/2003 only abolished this requirement for decisions granting access and certain decisions ordering the return of a child, this Regulation now provides for a single procedure for the cross-border enforcement of all decisions in matters of parental responsibility falling within the scope of this Regulation. As a result, subject to the provisions of this Regulation, a decision given by the authorities of a Member State should be treated as if it had been given in the Member State of enforcement.
Amendment 84 #
Proposal for a regulation
Recital 47
Recital 47
(47) Where a person having de facto family ties as specified by the case law of the European Court of Human Rights with the child is residing in one Member State and wants to commence access proceedings in another Member State where the child is habitually resident, that person should be permitted to directly contact the competent authorities in the Member State where he or she is residing and obtain a finding on his or her suitability to exercise access and on the conditions under which access should be considered so that those findings can then be used in the proceedings in the Member State having jurisdiction under this Regulation. That same information should also be provided by the competent authorities of the Member State where the person seeking access is residing if such a request originates from the authorities of another Member State having jurisdiction under this Regulation.