16 Amendments of Daniel BUDA related to 2021/2060(INI)
Amendment 15 #
Motion for a resolution
Recital A
Recital A
A. whereas children and adolescents have the right to be heard and to express their views in any proceedings concerning their well-being and future life arrangements, regardless of whether the proceedings are organised by a public authority or a private institution;
Amendment 18 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union is committed to ensuring that every child’s rights are respected, protected and exercised with a view to building a healthier, more resilient, more equitable and fairer society for all;
Amendment 20 #
Motion for a resolution
Recital B
Recital B
B. whereas participation in court and administrative proceedings should take place in a comfortable and child-friendly environment that will not cause additional trauma or stress for the child;
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas in civil, administrative and family law proceedings, and especially in cross-border cases, children have limited possibilities to be represented by a legal professional or counsel;
Amendment 32 #
Motion for a resolution
Recital F
Recital F
F. whereas courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; whereas such decisions should be made on an individual basis, tailored to the age and needs of each child, taking into consideration the specific circumstances of the child and their family and only after the child has been heard;
Amendment 38 #
Motion for a resolution
Recital J
Recital J
J. whereas the lack of effective and harmonised procedures for the enforcement of judgements concerning parental responsibility, access rights, parental child abductions or maintenance obligations in cross-border cases is detrimental to the best interests of the child;
Amendment 48 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas, despite the efforts to date, the EU does not have sufficient data on judicial proceedings involving children, nor do the specialised courts dealing with them;
Amendment 54 #
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas the COVID-19 pandemic has exacerbated the difficulties faced by children in judicial systems; whereas, in this context, some judicial proceedings have been suspended or postponed, such as the right to visit family members in prison;
Amendment 56 #
1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, regardless of whether the proceedings are organised by public authorities or private institutions, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority;
Amendment 64 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either byby specialists trained in child interaction, a judge or a trained expert and that no pressure is applied, including from the parents; stresses that such hearings should take place in the child’s home or in a child-friendly setting and be appropriate for the age and maturity of the child in terms of their level of understanding of the language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected, avoiding unnecessary stress and ensuring that the competent authority gives due consideration and protection for the child’s views in accordance with their age, ability to understand and maturity;
Amendment 68 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and receive the information in a manner that they can understand fully and correctly, and that the decision given by the authority should be explained to the child in a manner befitting of their age, ability to understand and maturity by a professional specially trained professin child interactional;
Amendment 75 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to provide exhaustive, easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings, especially in cross- border cases;
Amendment 80 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to enable and facilitate access to free high- quality legal representation for children involved in civil, administrative and family disputes, including in cross-border cases, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 86 #
6. Calls on the Member States to provide training and exchanges of experiences on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant parties involved in court and administrative proceedings concerning children; calls on the Commission to step up support for such actions, for example via the European Judicial Training Network (EJTN) as well as the CERV and Justice programmes.
Amendment 110 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to identify and implement an instrument or bilateral agreements between the EU and Norway, Iceland and Switzerland regarding the need to comply with this resolution;
Amendment 121 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to establish pre-mediation offices in order to provide parents with all the information they need about the conduct of mediation and its possible costs and benefits and, in particular, how it can improve children’s rights; highlights that some Member States have already established such offices or are seeking to do so;