BETA

Activities of Alessandra BASSO related to 2022/0402(CNS)

Plenary speeches (1)

2023/12/13
Dossiers: 2022/0402(CNS)

Shadow reports (1)

2023/11/21
Committee: JURI
Dossiers: 2022/0402(CNS)
Documents: PDF(415 KB) DOC(177 KB)
Authors: [{'name': 'Maria-Manuel LEITÃO-MARQUES', 'mepid': 197635}]

Amendments (65)

Alessandra BASSO

Proposal for a regulation
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. , and, although the Regulation does not directly affect substantive national law, it nevertheless has a considerable bearing thereon. In order to uphold the different legal and constitutional traditions of the Member States and the public policy limits thereof, states which, upon entry into force of this Regulation, already have legislation in place to ensure full respect for children’s rights and the recognition of parenthood status in specific cases of children born abroad, by virtue of instruments other than the recognition of court decisions and authentic instruments with binding legal effect originating in other Member States, must remain free to disregard the rules on recognition. To that end, the competent authority of the Member State should submit, within six months of entry into force of this Regulation, a communication to the Commission setting out how its national legislation ensures that the principles of non-discrimination and the protection of the best interests of the child are upheld.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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. 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)).deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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. 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.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Article 3 of the Charter, however, affirms the right to the integrity of the person and prohibits making the human body and its parts as such a source of financial gain.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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. 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, without prejudice to the public policy restrictions of the Member States.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood ~~as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable~~.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, ~~genetic,~~ by adoption or by operation of law. ~~Also~~Subject to the limits on public order imposed by national laws, for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 24 a (new)

(24a) Parent-child relationships that arise after conception and gestation are carried out on another’s behalf should not be covered by the scope of this Regulation. Gestation on another’s behalf should be understood as a form of assisted procreation whereby a woman enters into a contractual obligation to carry a pregnancy to term on behalf of third parties, intended parents or clients, either free of charge or for a fee. Whether remunerated or not, gestation on another’s behalf, or ‘surrogacy’, should be prohibited in all Member States, as it violates the dignity of the woman and the unborn child, in contravention of Article 3 of the Charter, in particular the prohibition on making the human body and its parts as such a source of financial gain.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 25

(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 26

(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 45

(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation, and should only produce effects in the proceedings for which it was made and constitute evidence in related pending proceedings.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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 State. 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, without prejudice to the exclusion from the scope of this Regulation of gestation on another’s behalf, or a notarial or administrative document recording a possession of state.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 69

(69) Authentic instruments which have no binding legal effect 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.~~

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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, and Article 3 thereof on the right to the integrity of the person, which prohibits making the human body and its parts as such a source of financial gain.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 78

(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a court decision or an authentic instrument) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a court decision or an authentic instrument be presented instead of the European Certificate of Parenthood.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 79

(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 80

(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this Regulation. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 81

(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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 parenthood. 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.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V ~~and the European Certificate of Parenthood provided for in Chapter VI~~ of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 87

(87) Respect for international commitments entered into by the Member States means that this Regulation should not affect the application of international conventions to which one or more Member States are party at the time when this Regulation is adopted. To make the rules more accessible, the Commission should publish the list of the relevant conventions in the European e-Justice Portal on the basis of the information supplied by the Member States. Consistency with the general objectives of this Regulation requires, however, that this Regulation take precedence, as between Member States, over conventions concluded exclusively between two or more Member States in so far as such conventions concern matters governed by this Regulation.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, Article 3 on the right to the integrity of the person, and Article 24 on the protection of the rights of the child.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities ~~to request, receive and send a European Certificate of Parenthood, or~~ in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Recital 95

(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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; and common rules for the 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~~.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)

(ea) parent-child relationships in which the child was conceived through a surrogate pregnancy, as defined in point 1 a of paragraph 1 of Article 4. Exclusion from the scope of this regulation shall apply in the same manner for cases in which a surrogate pregnancy has been carried out in a Member State or in a third country and then established and recognised in a Member State.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)

1a. 'Surrogate pregnancy' means a form of assisted reproduction in which a woman is contractually obliged to proceed with a pregnancy on behalf of third parties, intending or commissioning parents, either free of charge or for a consideration.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 10 – paragraph 2

2. The non-definitive determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made and may be used as evidence in pending related actions.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 16

~~16 Any law designated as applicable by this Regulation shall be applied whether Any law designated as applicable by this Regulation shall be applied whether~~Article 16 deleted or not it is the law of a Member State.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 19 – paragraph 1

Where parenthood has been definitively established in a Member State pursuant to this Regulation, a subsequent change of the applicable law shall not affect the parenthood already established.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 24 – paragraph 1

1. AWithin the limits provided for in paragraph 1 of Article 31 and cases where Article 41 a applies, a court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 27 – paragraph 1

1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents ~~or, if it considers that it has sufficient information before it, dispense with its production~~.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 29 – paragraph 4

4. ~~No challenge shall lie against the issuance of~~The law of the Member State of origin shall apply to the procedure for contesting the attestation.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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 observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 32 – paragraph 7 – point b

~~(b) it considers it unreasonable to require the applicant to provide them.~~deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 36 – paragraph 1

AWithin the limits provided for in paragraph 1 of Article 39 and cases where Article 41 a applies, 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.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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 observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 40

40 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 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 inArticle 40 deleted Articles 6 to 9.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 41

41 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 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 reviewArticle 41 deleted as to their substance.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 41 a (new)

Article 41 a Disapplication Member States that, on the date of entry into force of this regulation, have established suitable legislation to ensure that children's rights are fully upheld and that the parent-child relationship of children born abroad is recognised by means of instruments other than that recognising judicial decisions or binding public decisions made in other Member States may disapply the recognition rules laid down in this chapter. To that end, the Member State's competent public authority shall issue a communication to the Commission within six months of the regulation's entry into force explaining how the relevant national legislation ensures that the principles of non-discrimination and of the best interests of the child.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
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 observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 46

Creation of a European Certificate of 1. This Regulation creates a European Certificate of Parenthood (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 53. 2. The use of the Certificate shall not be mandatory. 3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.Article 46 deleted Parenthood

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 47

47 The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’sArticle 47 deleted parenthood status.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 48

1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted Competence to issue the Certificate

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 49

Application for a Certificate 1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative. 2. For the purposes of submitting an application, the applicant may use the form established in Annex IV. 3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2): (a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (b) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (d) the place and Member State where the parenthood of the child is registered; (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; (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 effect in the Member State of origin but with evidentiary effects in that Member State; (g) a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified; (h) any other information which the applicant deems useful for the purposes of the issuance of the Certificate.rticle 49 deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 50

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 evidence which it deems necessary. 2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence. 3. Where this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath. 4. For the purposes of this Article, the competent authority of a Member State shall, upon request, provide the issuing authority of another Member State with information held, in particular, in the civil, personal or population registers and other registers recording facts of relevance for the parenthood of the applicant, where that competent authority would be authorised, under national law, to provide another national authority with such information.Article 50 deleted Examination of the application

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 51

1. The issuing authority shall issue the Certificate without delay 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. The issuing authority shall not issue the Certificate in particular if: (a) the elements to be certified are being challenged; or (b) the Certificate would not be in conformity with a court decision covering the same elements. 2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a certificate under national law providing evidence of the parenthood of the applicant.Article 51 deleted Issuance of the Certificate

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 52

The Certificate shall contain the following information, as applicable: (a) the name, address and contact details of the Member State’s issuing authority; (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 effect in the Member State of origin but with evidentiary effects in that Member State; (c) the reference number of the file; (d) the date and place of issue; (e) the place and Member State where the parenthood of the child is registered; (f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (g) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (i) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate; (j) the law applicable to the establishment of parenthood and the elements on the basis of which that law has been determined; (k) a statement informing Union citizens and their family members that the Certificate does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means; (l) signature and/or stamp of the issuing authority.Article 52 deleted Contents of the Certificate

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 53

1. The Certificate shall produce its effects in all Member States without any special procedure being required. 2. The Certificate shall be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate. 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).Article 53 deleted Effects of the Certificate

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 54

1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative. 2. The issuing authority shall, for the purposes of Articles 55(3) and 57(2), keep a list of persons to whom certified copies have been issued pursuant to paragraph 1.Article 54 deleted Certified copies of the Certificate

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 55

Rectification, modification or withdrawal 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error. 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, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. 3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.Article 55 deleted of the Certificate

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 56

1. Decisions taken by the issuing authority pursuant to Article 51 may be challenged by the applicant for a Certificate or a legal representative. Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State. 2. 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 rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority. 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 issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.Article 56 deleted Redress procedures

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 57

Suspension of the effects of the Certificate 1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge. 2. The issuing authority or, as the case may be, the court shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any suspension of the effects of the Certificate. During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.Article 57 deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 58 – paragraph 1 – point b

~~(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.~~deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 66 – paragraph 2

2. However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 68 – paragraph 1

1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 45, ~~the issuance of a European Certificate of Parenthood pursuant to Article 51,~~ the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 70 – paragraph 2 – point d

~~(d) the number of European Certificates of Parenthood issued; an~~deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Article 71 – paragraph 1 – point d

~~(d) the courts and authorities competent to issue the European Certificate of Parenthood pursuant to Article 51, and the courts competent to deal with the redress procedures referred to in Article 56.~~deleted

2023/07/20
Committee: JURI

Alessandra BASSO

Proposal for a regulation
Annex IV

~~[...]~~deleted

2023/07/19
Committee: JURI