Activities of Angel DZHAMBAZKI related to 2021/2060(INI)
Shadow opinions (1)
OPINION on the protection of the rights of the child in civil, administrative and family law proceedings
Legal basis opinions (0)
Amendments (8)
Amendment 13 #
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends theConsiders the possibility of establishment ofing minimum standards for the hearing of a child in national civil proceedings in accordance with Article 24 of the Charter of Fundamental Rights;
Amendment 17 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to express their own views freely during proceedings and that due weight is given to the child’s views in accordance with their age and maturity while at the same time taking appropriate measures to respect the child’s emotional and physical integrity;
Amendment 19 #
Draft opinion
Paragraph 7
Paragraph 7
7. WelcomNotes the Commission’s publication of the EU policy framework to ensure the protection of the rights of the child1 , in particular the fourth pillar entitled ‘child-friendly justice: an EU where the justice system upholds the rights and needs of children’ in accordance with the applicable national legislation; _________________ 1 Commission communication of 24 March 2021 on an EU strategy on the rights of the child (COM(2021)0142).
Amendment 23 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the need for justice professionals to be given specific training on the rights of the child and child-friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network (EJTN), the Justice Programme, the Citizens, Equality, Rights and Values Programme, and the European Training Platform of the European e-Justice Portal;
Amendment 33 #
Draft opinion
Paragraph 9
Paragraph 9
9. Points out the that greater mobility within the EU has led to an increasing number of cross-border child protection issues involving custody removal and notes that cross-border proceedings are more complex from a legal perspective and usually more time-consuming and expensive; considers that in the light of Article 81 of the Treaty on the Functioning of the European Union the Commission mustcould play an active role in ensuring fair and consistent non-discriminatory practices in the treatment of cross-border child custody cases throughout the Union in compliance with the applicable national laws;
Amendment 34 #
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence should not pose a greater threat to the child’s rights, that children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis, unless it is contrary to the best interests of the child or there is no legal basis in the national legislation to grant such rights;
Amendment 39 #
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses that the lack of effective procedures for the enforcement of judgments in cross-border cases is detrimental to the best interests of the child; recalls the need to improve mutual judicial and administrative cooperation between Member State authorities, without prejudice to the applicable national legislation, in order to ensure mutual trust in matters concerning the recognition and enforcement of decisions and judgments adopted in family disputes with cross- border aspects involving children;
Amendment 44 #
Draft opinion
Paragraph 13
Paragraph 13
13. Notes that in some Member States same-sex couples with children are frequently denied recognition of their legal parental status when crossing borders, which hinders the best interests of the child in legal proceedings; calls on the Commiss; underlines that these Member States base these decisions on their constitutions and the Member States to rectify this discriminatory situation and to remove the obstacles faced by same-sex couples when exercising their procedural rights in family disputes with cross-border aspects involving childrenin accordance with the principle of subsidiarity as set out in Article 5 TEU; recalls that family law is a matter within the competences of the Member States and therefore same-sex couples when exercising their procedural rights in family disputes with cross-border aspects involving children should respect the national legal provision without labelling them as discriminatory or contrary to the rights and the interests of the child;