Activities of Therese COMODINI CACHIA related to 2015/2085(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on the protection of vulnerable adults PDF (296 KB) DOC (59 KB)
Amendments (29)
Amendment 4 #
Motion for a resolution
Recital A
Recital A
A. whereas consideration should be given to the difficulties which the Union and its institutions are currently experiencing; whereas it is essential for the Union to move closer toEuropean citizens exercising their freedom of movement may require some specific protection of their legal rights when by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests; whereas it its citizens andimportant for the Union to address matters of direct concern to them;
Amendment 9 #
Motion for a resolution
Recital B
Recital B
B. whereas the protection of vulnerable adults exercising their freedom of movement is a cross-border issue and therefore concernaffects all Member States; whereas this issue is symbolic of the role which the Union and its Parliament must play in responding to the problems and difficultichallenges which European citizens encounter in the exercise of their rightsfreedom of movement;
Amendment 11 #
Motion for a resolution
Recital C
Recital C
C. whereas the legal protection of vulnerable adults is a human rights issue; whereas every vulnerable adult, like any European citizen, must be considered to be a holder of rights and capable of making free and informed decisions within the limits of his or her capacity, not simply a passive recipient of care and attention;
Amendment 17 #
Motion for a resolution
Recital D
Recital D
D. whereas the protection of vulnerable adults must not unjustifiably constitute an obstacle to the right of free movement of persons, where such protection is not an issue of public policy;
Amendment 19 #
Motion for a resolution
Recital E
Recital E
E. whereas demographic change and increased life expectancy have led to an increase in the number of elderly people in Europe who can no longer protect their interests by reason of an impairment or inadequasufficiency of their personal faculties; whereas other circumstances exist, such as mental and physical disabilities, in which an adult’s capacity are not in a position to protect his or their interests can be affected;
Amendment 25 #
Motion for a resolution
Recital G
Recital G
G. whereas differences exist between the Member States’ legal provisions concerning jurisdiction, applicable law and the recognition and enforcement of protection measures for adults; whereas the diversity of applicable laws and the multiplicity of competent jurisdictions may unjustifiably affect the right of vulnerable adults to move freely and to reside in the Member State of their choice;
Amendment 26 #
Motion for a resolution
Recital J
Recital J
J. whereas the Hague Convention constitutes a particularly appropriate set of international legal rules to address cross- border problems concerning vulnerable adults; whereas, despite the time which has elapsed since the adoption of this Convention, few Member States have yet ratified it; whereas this delay in ratifying the Convention is compromisingcontinues to pose challenges for the protection of vulnerable adults in cross- border situations in the EU; whereas it is therefore essential, in the interests of efficiency, to act at EU level for the Union to consider to act in order to guarantee the protection of vulnerable adults in cross- border situations;
Amendment 37 #
Motion for a resolution
Recital S
Recital S
S. whereas the establishment in each Member State of files or registers listing administrative and judicial decisions prescribing protection measures for a vulnerable adult, as well as incapacity mandates, where such measures and mandates are provided for in the national legislation, could be used to facilitate timely access by all administrations and authorities concerned to information on the legal situation of vulnerable adults and to ensure greater legal certainty; whereas the confidentiality of such registers should be duly guaranteed;
Amendment 41 #
Motion for a resolution
Recital T
Recital T
T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States; whereas, notwithstanding the foregoing, it may be necessary to establish grounds to refuse recognition in order to safeguard the public policy of the requested state unless the Member State is required to recognise a protection measure which runs counter to its public policy;
Amendment 44 #
Motion for a resolution
Recital U
Recital U
U. whereas mechanisms could be introduced to facilitate the recognition, registration and use of mandates in anticipation of incapacity throughout the European Unionbetween those Member States that recognise incapacity mandates; whereas a single mandate in anticipation of incapacity form should be created at EU level in order to ensurfacilitate that such mandates are effective in allly recognized and enforced in these Member States;
Amendment 48 #
Motion for a resolution
Recital V
Recital V
V. whereas single EU forms could be introduced to foster the provision of information on protection decisions and the circulation, recognition and enforcement of those decisions; whereas legal certainty requires that any person who is given responsibility for protecting the person or the property of a vulnerable adult should have the right to be issuedmay, upon his request, be issued within a reasonable time with a certificate specifying his or her status and the powers which have been conferred on him or her; whereas this certificate should be issued at his or her request within a reasonable period;
Amendment 50 #
Motion for a resolution
Recital W
Recital W
Amendment 52 #
Motion for a resolution
Recital Y
Recital Y
Y. whereas certain protection measures proposed by the authorities of a Member State concerning a vulnerable adult, including the placing of the adult in an establishment situated in another Member State, could have logistical and financial implications for another Member State; whereas, in such cases, it would be helpful to set up mechanisms for cooperation between the authorities of the Member States concerned so that they can agree on the desirability of sharing the costs of the and that a disproportionate burden may justify the non-recognition and non- enforcement of the proposed protection measure;
Amendment 56 #
Motion for a resolution
Recital AA
Recital AA
AA. whereas the time which has elapsed since Parliament adopted its resolution of 18 December 2008 shouldis expected to have enabled the Commission to obtain sufficient information concerning the functioning of the Hague Convention in the Member States which have ratified it and to draw up the report called for by Parliament in that resolution;
Amendment 64 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Commission and the Member States that not all vulnerable adults are necessarily vulnerable by virtue of their advanced age, and calls for measures to be taken to strengthen the legal protection and rights not only of elderly vulnerable adults, but also of adults who are vulnerable by virtue of a serious mental and/or physical disabilityby virtue of an impairment or insufficiency of their personal faculties are not in a position to protect their interests;
Amendment 69 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Member States to promote self-determination for adults by introducing legislation on mandates in anticipation of incapacity, drawing ontake note of the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe;
Amendment 76 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to ensure that they do not suffer discrimination as a result of their condition; in that connection, calls on the Member States which recognise incapacity mandates to ensure that their laws do not impose fees or formalitiobstacles which would, in an unreasonable way,y prevent disadvantaged adults from being the subject of a mandate in anticipation of incapacity, irrespective of their financial situation;
Amendment 82 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures; calls on the Member States to take appropriate steps to provide all persons on their territory within making information about their national laws and the services available to all persons on their territory in the area of the protection of vulnerable adults;
Amendment 84 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. DeplorNotes the fact that the Commission has failed to act on Parliament’s call that it should submit to Parliament and the Council in due course a report setting out details of the problems encountered and the best practices noted in connection with the application of the Hague Convention, a report which should also haves well as outlined proposals for Union measures to clarify the procedures, or create new procedures, for applying the convention; takes the view that this report could have included a discussion of the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention;
Amendment 86 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls onInvites the Commission to submit to Parliament and the Council, before 31 March 2018, pursuant to Article 81(2) of the Treaty on the Functioning of the European Union, a proposal for a regulation designed to improve cooperation among the Member States and the automatic recognition and enforcement of decisions on the protection of vulnerable adults and mandates in anticipation of incapacity, where these are recognized in Member States, drawing on the recommendations set out in the annex hereto;
Amendment 88 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 90 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 92 #
Motion for a resolution
Annex – Part A – paragraph 2
Annex – Part A – paragraph 2
2. Set up national files or registers of administrative and judicial decisions setting out protection measures in respect of vulnerable adults, and the relevant mandates in anticipation of incapacity, where these are recognised, in order to guarantee legal security and facilitate the circulation of, and prompt access by the competent authorities and judges to, information concerning the legal situation of persons who are the subject of a protection measure.
Amendment 94 #
Motion for a resolution
Annex – Part A – paragraph 6
Annex – Part A – paragraph 6
6. Grant any person who is given responsibility for protecting the person or the property of a vulnerable adult the rightfacility to obtain within a reasonable period a certificate specifying his or her status and the powers which have been conferred on him or her.
Amendment 96 #
Motion for a resolution
Annex – Part A – paragraph 7
Annex – Part A – paragraph 7
7. Foster the automatic recognition in the other Member States of protection measures taken by the authorities of a Member State, without prejudice to the introduction of legal safeguards to protect public order in the States requested, which will justify the non-recognition and non-enforcement of such protection measures by the Member States requested.
Amendment 98 #
Motion for a resolution
Annex – Part A – paragraph 8
Annex – Part A – paragraph 8
Amendment 99 #
Motion for a resolution
Annex – Part A – paragraph 9
Annex – Part A – paragraph 9
9. Foster consultation and coordination among the Member States ifor the enforcement of a decision proposed by the authorities of a Member State could have logistical and financial implications for another member State, so that the Member States concerned can reach agreement on the sharing of the costs associated with the protection measure. The consultation and coordination should always be conducted in a manner consistent with the interests of the vulnerable adult concerned. The authorities concerned could submit proposals for alternative measures to the competent administrative or judicial authority, on the understanding that the final decision would rest with the authority in questioncompetent authority of the implementing Member State.
Amendment 101 #
Motion for a resolution
Annex – Part A – paragraph 10
Annex – Part A – paragraph 10
10. Introduce single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned, and the circulation, recognition and enforcement of mandates in those Member States which recognise incapacity mandates.
Amendment 103 #
Motion for a resolution
Annex – Part B – paragraph 1
Annex – Part B – paragraph 1
1. Calls onInvites the Commission to submit to Parliament and the Council, before 31 March 2018, pursuant to Article 81(2) of the Treaty on the Functioning of the European Union, a proposal for a regulation designed to improve cooperation among the Member States and the automatic recognition and enforcement of decisions on the protection of vulnerable adults and mandates in anticipation of incapacity. where these are recognised in the Member States.