Activities of Sergey LAGODINSKY related to 2022/0402(CNS)
Legal basis opinions (0)
Amendments (52)
Amendment 59 #
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. ItAll Member States are bound to act in the best interest of a child, including by safeguarding the fundamental right of every child to family and the prohibition to discriminate a child on the basis of their parents’ marital status or sexual orientation, or the way the child was conceived. This Regulation therefore aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non- discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . It aims to ensure that a child never gets legally separated from a parent due to the cross- border nature of the situation in which they find themselves. This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, whether they are traditional or non-traditional, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 69 #
Proposal for a regulation
Recital 8
Recital 8
(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ, leading to legal gaps and uncertainty for children, families as well as administrative and court officials involved .
Amendment 75 #
Proposal for a regulation
Recital 10
Recital 10
(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin.
Amendment 79 #
Proposal for a regulation
Recital 12
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. In particular children in rainbow families and other types of non- traditional families face difficulties and discrimination in cross-border situations due to the legal gaps in the recognition of parenthood. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 . _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).
Amendment 80 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. For instance, Member States must already today recognise a parent-child relationship for the purposes of permitting children to exercise, with each of their twovery parents, the right to move and reside freely within the territory of the Member States without impediment, and to exercise all the rights that the child derives from Union law. This Regulation does not provide for any additional conditions or requirements for the exercise of such rights.
Amendment 83 #
Proposal for a regulation
Recital 14
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. This prohibition is therefore to be strictly respected by Member States in the application of this Regulation. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
Amendment 84 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should organise training for all persons potentially dealing with these matters, including judges, lawyers, and public administration officials. They should be supported in this by the Commission and the European Judicial Training Network.
Amendment 99 #
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents, a transgender parent or a single parent . This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 160 #
Proposal for a regulation
Recital 49
Recital 49
(49) The fundamental right of a child to be heard in all matters affecting them, has been incorporated in both article 12 of the UN Convention on the Rights of the Child as well as in article 24(1) of the EU Fundamental Rights Charter. Proceedings on the establishment of parenthood under this Regulation should, as a basic therefore abide by this principle, and provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views, feelings and wishes and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.
Amendment 176 #
Proposal for a regulation
Recital 56
Recital 56
Amendment 218 #
Proposal for a regulation
Recital 75
Recital 75
Amendment 250 #
Proposal for a regulation
Recital 83
Recital 83
(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthoodunder this Regulation. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
Amendment 257 #
Proposal for a regulation
Recital 89 a (new)
Recital 89 a (new)
Amendment 289 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationshiprelationship between a child and a parent as established in law. It includes the legal status of being the child of a particular parent or parents;
Amendment 303 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters without any cross-border dimension .
Amendment 321 #
Proposal for a regulation
Article 15 – title
Article 15 – title
15 Right of the children to express their views and be heard
Amendment 322 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. When exercising their jurisdiction under this Regulation, the courts of the Member States shall, in accordance with national law and procedure, support and provide a children below the age of 18 years whose parenthood is to be established and who are capable of forming their own views, with a genuine and effective opportunity to express their views, emotions and wishes either directly or through a representative or an appropriate body.
Amendment 323 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the court, in accordance with national law and procedure, gives a children below the age of 18 years an opportunity to express their views in accordance with this Article, the court shall give due weight to the views, emotions and wishes of the children in accordance with their age and maturity.
Amendment 344 #
Proposal for a regulation
Article 22
Article 22
Amendment 371 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The attestation shall be completed and issued in the language of the court decision. TUpon request of a party, the attestation mayshall also be issued in another official language of the institutions of the European Union requested by the party. This does not cre. Member States any obligation for the court issuing the attestation to provide a translation or transliteration of the translatable content of the free text fieldsre to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body.
Amendment 374 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
Amendment 379 #
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application and presentation of evidence by any person claiming that the court decision infringes his fatherhood or her mothertheir parenthood over the child if it was given without such person having been given an opportunity to be heard;
Amendment 384 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 398 #
Proposal for a regulation
Article 32 – paragraph 7 – introductory part
Article 32 – paragraph 7 – introductory part
7. The court mayshall dispense with the production of the documents referred to in paragraph 4 if:
Amendment 400 #
1. Any party with an established legitimate interest may challenge or appeal against a court decision on the application for refusal of recognition.
Amendment 419 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The attestation shall be completed in the language of the authentic instrument. It mayUpon request of a party, the attestation shall also be issued in another official language of the institutions of the European Union requested by the party. This does not cre. Member States any obligation for the competent authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fieldsre to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body.
Amendment 422 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 428 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 436 #
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 in accordance with article 15.
Amendment 440 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 447 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in the proceedings provided for in Article 25(1) and Article 32, to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State in which proceedings are brought. The competent authority in the Member State of origin shall provide such statement free of cost and within two weeks after receiving a request from the party.
Amendment 452 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect 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 455 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 469 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s parenthood status.
Amendment 486 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidenceinformation which it deems necessary to assess the application.
Amendment 492 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The issuing authority shall issue the Certificate without delay and at least within two weeks after receiving the application in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.
Amendment 495 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a birth certificate nor a certificate under national law providing evidence of the parenthood of the applicant.
Amendment 511 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).
Amendment 517 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, immediately rectify the Certificate in the event of a clerical error.
Amendment 519 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, immediately modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate.
Amendment 521 #
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The issuing authority shall inform without delay and at least within two weeks all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.
Amendment 526 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall immediately rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.
Amendment 528 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2
Article 56 – paragraph 2 – subparagraph 2
If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall without delay and within two weeks after its decision issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.
Amendment 533 #
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:proceedings covered by this Regulation.
Amendment 535 #
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
Amendment 539 #
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 546 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes. The preparation and drawing-up of delegated acts shall be preceded by and take into account consultations with stakeholders, including relevant civil society organisations and academic experts.
Amendment 550 #
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 557 #
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 State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 560 #
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [53 years from date of application of this Regulation] and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of convergences and divergences between Member States and any practical problems encountered, supported by information supplied by the Member States. For the drafting of the report, the Commission shall also make use of information provided by and regular exchanges with relevant stakeholders, including the persons concerned or their representatives if they so wish, as well as their representative organisations. The report shall be accompanied, where necessary, by a legislative proposal.
Amendment 561 #
Proposal for a regulation
Article 70 – paragraph 2 – introductory part
Article 70 – paragraph 2 – introductory part
2. The Member States shall provide the Commission upon request, where availabl or upon their own initiative, with all information relevant for the evaluation of the operation and application of this Regulation, in particular on:
Amendment 562 #
Proposal for a regulation
Article 70 – paragraph 2 – point -a (new)
Article 70 – paragraph 2 – point -a (new)
(-a) the number of applications for establishing parenthood, the number of certificates that were issued following these applications and the number of applications that were rejected accompanied by an overview of the reasons for rejection.