19 Amendments of Jiří POSPÍŠIL related to 2022/0402(CNS)
Amendment 57 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured, according to Articles 21, 45, 49, 56 and 67 of the Treaty on the Functioning of the European Union (TFEU). For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters.
Amendment 122 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the law applicable to it as having comparable effects, such as a registered partnership, which should continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement.
Amendment 135 #
Proposal for a regulation
Recital 34
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deedact (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deedact or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).
Amendment 186 #
Proposal for a regulation
Recital 59
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deedact of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deedact, an administrative decision or registration).
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the mutual recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
Amendment 294 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
2. ‘child’ means a person of any age whose parenthood is to be established, recognised or proved;
Amendment 295 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
4. 'court' means any judicial authority in a Member State thatand all other authorities of a Member State with jurisdiction in matters of parenthood which exercises judicial functions in matters of parenthood;or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:
Amendment 296 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a (new)
Article 4 – paragraph 1 – point 4 – point a (new)
a) may be made the subject of an appeal to or review by a judicial authority; and
Amendment 297 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b (new)
Article 4 – paragraph 1 – point 4 – point b (new)
b) have a similar force and effect as a decision of a judicial authority on the same matter.
Amendment 332 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the procedures toconditions for establishing or contesting parenthood;
Amendment 345 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum, taking into account the best interests of the child.
Amendment 350 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 375 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
Amendment 388 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 423 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
Amendment 433 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 458 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 534 #
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] may be used for electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities in connection with the following:
Amendment 565 #
Proposal for a regulation
Article 70 – paragraph 2 – point a a (new)
Article 70 – paragraph 2 – point a a (new)
(aa) the number of applications for the recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the recognition was granted;