48 Amendments of Geoffroy DIDIER related to 2022/0402(CNS)
Amendment 144 #
Proposal for a regulation
Recital 38
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effectrecording parenthood in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect(‘authentic instruments recording parenthood’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of ‘authentic instrument’ used horizontally in Union instruments and in the light of the objectives of this Regulation.
Amendment 163 #
Proposal for a regulation
Recital 50
Recital 50
(50) This Regulation should provide legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, 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 Staterecording parenthood in the Member State of origin.
Amendment 182 #
Proposal for a regulation
Recital 58
Recital 58
(58) This Regulation should provide for the recognition of court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State. issued in another Member State. It should be for the Member States to determine which authentic instruments may be regarded as establishing parenthood under national law.
Amendment 184 #
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 deed 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 deed, an administrative decision or registration)This Regulation should also provide for the acceptance of authentic instruments recording parenthood in the Member State of origin. It should be for the national law to determine which authentic instruments may be regarded as recording parenthood under national law.
Amendment 196 #
Proposal for a regulation
Recital 65
Recital 65
(65) Authentic instruments with binding legal effectestablishing parenthood in the Member State of origin should be treated as equivalent to ‘court decisions’ for the purposes of the rules on recognition of this Regulation.
Amendment 197 #
Proposal for a regulation
Recital 66
Recital 66
(66) Although the obligation to provide children below the age of 18 years with the opportunity to express their views under this Regulation should not apply to authentic instruments with binding legal effectestablishing parenthood, the right of children to express their views should however be taken into consideration pursuant to Article 24 of the Charter and in the light of Article 12 of the UN Convention on the Rights of the Child as implemented by national law and procedure. The fact that children were not given the opportunity to express their views should not automatically be a ground for refusal of recognition of authentic instruments with binding legal effectestablishing parenthood.
Amendment 200 #
Proposal for a regulation
Recital 67
Recital 67
(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.
Amendment 203 #
Proposal for a regulation
Recital 68
Recital 68
(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member Statein the Member State of origin. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.
Amendment 207 #
Proposal for a regulation
Recital 69
Recital 69
(69) Authentic instruments which have no binding legal effectrecording parenthood in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.
Amendment 208 #
Proposal for a regulation
Recital 70
Recital 70
Amendment 211 #
Proposal for a regulation
Recital 71
Recital 71
(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.
Amendment 213 #
Proposal for a regulation
Recital 72
Recital 72
(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.
Amendment 215 #
Proposal for a regulation
Recital 73
Recital 73
(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is recording parenthood in the Member State of origin is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.
Amendment 217 #
Proposal for a regulation
Recital 74
Recital 74
(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effectsrecording parenthood in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.
Amendment 333 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the procedureconditions to establish or contest parenthood;
Amendment 334 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 338 #
1. A unilateral act, or joint declaration, intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:
Amendment 405 #
Proposal for a regulation
Chapter IV – Section 3 – title
Chapter IV – Section 3 – title
3 Authentic instruments with binding legal effectestablishing parenthood
Amendment 407 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) have been formally drawn up or registered in a Member State assuming jurisdiction under Chapter II; and.
Amendment 408 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 412 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 413 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II.
Amendment 416 #
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. The attestation may be issued only if the following conditions are met:
Amendment 417 #
Proposal for a regulation
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
(a) the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument establishing parenthood had jurisdiction under Chapter II; and.
Amendment 418 #
Proposal for a regulation
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
Amendment 421 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The recognition of an authentic instrument establishing parenthood with binding legal effect shall be refused:
Amendment 425 #
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) if and to the extent that it is irreconcilable with a later court decision relating to parenthood given, or a later authentic instrument establishing parenthood with binding legal effect drawn up or registered, in the Member State in which recognition is invoked;
Amendment 426 #
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) if and to the extent that it is irreconcilable with a later court decision relating to parenthood given, or a later authentic instrument establishing parenthood with binding legal effect drawn up or registered, in another Member State provided that the later court decision or authentic instrument fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.
Amendment 437 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views.
Amendment 445 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed as to their substance.
Amendment 448 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V AUTHENTIC INSTRUMENTS WITH NO BINDING LEGAL EFFECTRECORDING PARENTHOOD
Amendment 450 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member Staterecording parenthood in the Member State of origin.
Amendment 454 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effectrecording parenthood in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 481 #
Proposal for a regulation
Article 49 – paragraph 3 – point e
Article 49 – paragraph 3 – point e
(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood;
Amendment 483 #
Proposal for a regulation
Article 49 – paragraph 3 – point f
Article 49 – paragraph 3 – point f
(f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effectrecording parenthood in the Member State of origin but with evidentiary effects in that Member State;
Amendment 500 #
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
(b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effectrecording parenthood in the Member State of origin but with evidentiary effects in that Member State;
Amendment 555 #
Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1 – point b
Article 69 – paragraph 2 – subparagraph 1 – point b
(b) an authentic instrument establishing parenthood with binding legal effect in the Member State of origin which was formally drawn up or registered prior to [date of application of this Regulation].
Amendment 558 #
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 564 #
Proposal for a regulation
Article 70 – paragraph 2 – point a
Article 70 – paragraph 2 – point a
(a) the number of applications for the refusal of 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 refusal of recognition was granted;
Amendment 567 #
Proposal for a regulation
Article 70 – paragraph 2 – point c
Article 70 – paragraph 2 – point c
(c) the number of applications challenging the contents of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State,recording parenthood in the Member State of origin and the number of cases in which the challenge was successful;
Amendment 583 #
Proposal for a regulation
Annex II – title
Annex II – title
ATTESTATION CONCERNING AN AUTHENTIC INSTRUMENT WITH BINDING LEGAL EFFECTESTABLISHING PARENTHOOD
Amendment 584 #
Proposal for a regulation
Annex II – subtitle
Annex II – subtitle
IMPORTANT To be issued, upon application by a party, as regards an authentic instrument that establishes parenthood with binding legal effect in the Member State of origin only if the Member State which empowered the public authority or other authority to formally draw up or register that authentic instrument had jurisdiction under Chapter II of the Regulation. The competent authority of the Member State of origin is that communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 595 #
Proposal for a regulation
Annex II – point 5.4 – title
Annex II – point 5.4 – title
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effectestablishes parenthood in the Member State of origin
Amendment 601 #
Proposal for a regulation
Annex III – title
Annex III – title
ATTESTATION CONCERNING AN AUTHENTIC INSTRUMENT WITH NO BINDING LEGAL EFFECTRECORDING PARENTHOOD
Amendment 602 #
Proposal for a regulation
Annex III – subtitle
Annex III – subtitle
IMPORTANT To be issued, upon application by a party, as regards an authentic instrument which does not establish parenthood and therefore has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member Staterecording parenthood in the Member State of origin. The competent authority of the Member State of origin is that communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 605 #
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Court or other competent authority which established parenthood with binding legal effect or which issued an authentic instrument with no binding legal effect but with evidentiary effectsrecording parenthood in the Member State of origin (to be completed ONLY if different from section 2)
Amendment 621 #
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. Documents annexed to this application form The applicant must provide all relevant documents to prove the information contained in this form. Therefore, if the court or competent authority specified under section 2 does not have it yet, please append the original or a copy of the document which satisfies the conditions necessary to establish its authenticity: □ Court decision establishing parenthood □ Authentic instrument establishing parenthood with binding legal effect (for example, decision by an administrative authority, decision by a notary, decision by a registrar or act of registration by a registrar) □ Authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (for example, a birth certificate)□ Authentic instrument recording parenthood in the Member State of origin
Amendment 623 #
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Court or other competent authority which established parenthood with binding legal effect (in a court decision or an authentic instrument with binding legal effect), or which issued an authentic instrument with no binding legal effect but with evidentiary effectsrecording parenthood in the Member State of origin (to be completed ONLY if different from section 1)