Activities of Pierre KARLESKIND related to 2022/0402(CNS)
Plenary speeches (2)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Shadow reports (1)
REPORT on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in the matters of parenthood and on the creation of a European Certificate of Parenthood
Amendments (6)
Amendment 177 #
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. To protect the best interest of the child, when the public policy exception has been raised by the courts and other competent authorities of the Member States, the effects of this exception shall be suspended until all national and European remedies have been exhausted and a final ruling has been made.
Amendment 219 #
Proposal for a regulation
Recital 75
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. To protect the best interest of the child, when the public policy exception has been raised by the courts and other competent authorities of the Member States, the recognition shall remain approved and all the rights derived from it until shall apply, or the authentic instrument shall remain accepted until all national and European remedies have been exhausted and a final ruling has been made.
Amendment 351 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. When an appeal is formed by the applicants following the application of paragraph 1 by the courts and other competent authorities of the Member States, the public policy exception shall have no effect until all national and European remedies have been exhausted and a final ruling has been made.
Amendment 389 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. When an appeal is formed by the applicants following the application of point (a) of paragraph 1 by the courts and other competent authorities of the Member States, the recognition shall remain approved and all the rights derived from it shall apply until all national and European remedies have been exhausted and a final ruling has been made.
Amendment 434 #
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2a. When following the application of point (a) of paragraph 1 by the courts and other competent authorities of the Member States, an appeal is formed by the applicants, the recognition of the authentic instrument shall remain approved and all the rights derived from it shall apply until all national and European remedies have been exhausted and a final ruling has been made.
Amendment 459 #
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. When following the application of paragraph 1 by the courts and other competent authorities of the Member States, an appeal is formed by the applicants, the authentic instrument shall be remain accepted and produce its effects until all national and European remedies have been exhausted and a final ruling has been made.