20 Amendments of Daniel BUDA related to 2015/2085(INL)
Amendment 5 #
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 to its citizens and to address matters of direct concern to themit is essential for the Union to move closer to its citizens and to address matters of direct concern to them, guaranteeing respect for fundamental rights, without discrimination, in an area of equality, freedom and justice;
Amendment 6 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. 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 on their own by reason of an impairment or inadequacy of their personal faculties; whereas there are also other circumstances, such as mental and physical disabilities, in which any adult’s capacity to protect his or her interests can be affected;
Amendment 8 #
Motion for a resolution
Recital B
Recital B
B. whereas the protection of vulnerable adults is a cross-border issue and therefore concerns 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 difficulties which European citizens encounter in the exercise of their rights, particularly in cross-border situations;
Amendment 12 #
Motion for a resolution
Recital C
Recital C
C. whereas the legal protection of vulnerable adults is aclosely linked to respect for 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 16 #
Motion for a resolution
Recital D
Recital D
D. whereas people’s vulnerability and the differing levels of regulation governing the protection of vulnerable adults in the Member States must not constitute an obstacles to the right of free movement of persons,;
Amendment 18 #
Motion for a resolution
Recital E
Recital E
Amendment 23 #
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 affect the right of vulnerable adults to move freely and to reside in the Member State of their choice, as well as adequate protection for their property where such property is located in more than one country;
Amendment 28 #
Motion for a resolution
Recital K
Recital K
K. whereas a vulnerable adult is a person who has reached the age of 18 years and who, by reason of an impairment or insufficiency of his or her personal faculties, is not in a position to protect his or her interests (personal affairs and/or personal property, whether temporarily or permanently);
Amendment 30 #
Motion for a resolution
Recital M
Recital M
M. whereas ‘incapacity mandate’ should be taken to meanindicate the powers of representation granted(the person’s status and the corresponding powers) granted to a person by an adult with legal capacity by means of an agreement or unilateral act intended to enter into force when that person is no longer in a position to protect his or her interests;
Amendment 31 #
Motion for a resolution
Recital O
Recital O
O. whereas when defining its policies the European Union must comply withensure that the principles of subsidiarity and proportionality are complied with;
Amendment 32 #
Motion for a resolution
Recital P
Recital P
P. whereas Union action in the area of protection of vulnerable adults should seek principally to facilitate the circulation, recognition and enforcement by Member States’ authorities of protection measures for a vulnerable adult taken by the authorities of another Member State, including the dissemination and recognition of mandates, and to enhance communication and cooperation between Member States in this regard;
Amendment 35 #
Motion for a resolution
Recital R
Recital R
R. whereas timely access by the various administrationsve and legal authorities concerned to information relating to the legal situation of adults subject to a protection measure or an incapacity mandate could improve and strengthen the protection of such persons;
Amendment 36 #
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 mandates are provided for in the national legislation, could be used to facilitate timely access by all administrationsve and legal 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, taking account of rules concerning the protection of privacy and personal data;
Amendment 38 #
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 groundsthe national authorities would only be permitted on very restricted grounds, such as protection of public order in the requested state, to refuse to recognition in order to safeguard the public policy of the requested sse and enforce a protection measure taken by the authorities of another Member State;
Amendment 47 #
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 any person who is given responsibility for protecting the person or the property of a vulnerable adult should have the right to be issued with a certificate specifying his or her capacity, 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 55 #
Motion for a resolution
Recital AA
Recital AA
AA. whereas the time which has elapsed since Parliament adopted its resolution of 18 December 2008 should have enabled the Commission to obtain sufficient information concerning the functioningentry into force 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 60 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to make sure that the protection measures for which their national law makes provision can be tailored to the circumstances of each vulnerable adult, so that the competent national authorities can take proportionate individual protection measures accordingly, thereby ensuring that Union citizens are not stripped of a legal right that they are still capable of exercising;
Amendment 65 #
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 or have become vulnerable by virtue of a serious mental and/or physical disability;
Amendment 70 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Member States to promote self-determination for adults by introducing corresponding national legislation on mandates in anticipation of incapacity, drawing on the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe;
Amendment 81 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to initiate and, where appropriate, 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 with information about their national laws and the services available in the area of the protection of vulnerable adults;