Activities of Vincenzo SOFO related to 2022/0402(CNS)
Plenary speeches (1)
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood (debate)
Amendments (388)
Amendment 44 #
Proposal for a regulation
Title 1
Title 1
Proposal for a COUNCIL REGULATION on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters, respecting the sole competence of the Member States to govern family law.
Amendment 47 #
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the sole competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. According to Article 67(1) TFEU, the Union must respect the ‘fundamental rights and the different legal systems and traditions of the Member States’.
Amendment 54 #
Proposal for a regulation
Recital 9
Recital 9
(9) At Union level, a number of Union instruments deal with, among other things, certain rights ofconcerning children in cross- border situations, in particular Council Regulation (EC) No 4/200943, Regulation (EU) No 650/2012 of the European Parliament and of the Council44 and Council Regulation (EU) 2019/111145. However, these Regulations do not include provisions on the establishment or the recognition of parenthood. For its part, Regulation (EU) 2016/1191 of the European Parliament and of the Council46 includes public documents on birth, parenthood and adoption in its scope, but this Regulation deals with the authenticity and the language of such documents and not with the recognition of their contents or effects in another Member State. _________________ 43 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 44 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 45 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1). 46 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (OJ L 200, 26.7.2016, p. 1).
Amendment 56 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 58 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters, in accordance with the sovereign competence of the Member States over the regulation of family law.
Amendment 58 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 63 #
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Pursuant to Article 67(1) TFEU, the Union shall respect ‘fundamental rights and the different legal systems and traditions of the Member States’.
Amendment 63 #
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. 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 65 #
Proposal for a regulation
Recital 5
Recital 5
(5) Under the Treaties, the exclusive competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood.
Amendment 68 #
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European CMember States shall not be obliged to transcribe an instrument or recognise a decision where a child is born ourt of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-surrogacy abroad for the purpose of establishing the legal relationship between the child and the intended parent. The case-law of the European Court of Human Rights, without prejudice to the need for States to identify methods for ensuring the protection of the interests of the child in legal recognition of the link with the person who exercises parental control, has granted States a certain discretion in identifying the methods for formalising the parental relationship laid down. This discretion includes methods other than direct recognition, such as the use of the institution of adoption, regulated nationally by Member States. With regard to adoption, the European Court of Human Rights has stressed that this may be considered sufficient to guarantee the protection of the rights of child relationship with the non-biological intended parent (for example through the adoption of the child)54 . _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019n in so far as it is capable of constituting a genuine link of ‘parenthood’ between the adoptive parent and the adopted child, and provided that the methods laid down in domestic law guarantee the effectiveness and speed of implementation of the adoption, in pursuit of the best interests of the child54. 54. Judgment of the European Court of Human Rights, 22 November 2022, D.B. and Others v Switzerland (appeals 58817/15 58252/15); judgment of 22 June 2023, Nuti v Italy (appeals 47998 / 20 and 23142 / 21).
Amendment 72 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 77 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 78 #
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. 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 81 #
Proposal for a regulation
Recital 22
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.
Amendment 82 #
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. 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 does 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 83 #
Proposal for a regulation
Recital 24
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 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.
Amendment 88 #
Proposal for a regulation
Recital 25
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.
Amendment 89 #
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognMember States are not required to register the information in the birth certificate of a child born out of surrogacy abroad in order to establiseh the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)with the future mother. Without precluding the need for States to identify ways of protecting the child’s interests in the legal recognition of the link with those who de facto exercise parental authority, the case-law of the European Court of Human Rights has granted a margin of appreciation to States in the identification of ways to formalise the intended parental relationship. That approach does not prevent the solution of not registering a foreign document which acknowledges the paternity of both partners who have resorted to surrogacy abroad. The European Court of Human Rights has underlined that the adoption solution may be regarded as sufficient to protect the rights of minors where it is capable of establishing a real ‘parent- child’ relationship between adopter and adoptee, and provided that the procedures laid down by national law guarantee efficient and expeditious implementation, in accordance with the best interests of the child.
Amendment 90 #
Proposal for a regulation
Recital 18
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54. Without prejudice to the foregoing, recognition of the relationship between the intended parent and the child must be provided by registration directly in the civil status records54a. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019). 54a Applications Nos 47998/20 and 23142/21, Nuti and Others v Italy, European Court of Human Rights.
Amendment 90 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 91 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Surrogacy practices, whether for gain or on a voluntary basis, constitute a detestable example of commodification of the female body and of the children born through such practices, who are treated as if they were goods. Nevertheless, the use of such practices is increasing dramatically, and gestation on behalf of others is becoming a business, neglecting the child’s interest in his or her own identity, which is eliminated because the child has no right to know who gave birth to him or her and, thus, who gave him or her life.
Amendment 95 #
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. 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 95 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 102 #
Proposal for a regulation
Recital 22
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 final court decisions and authentic instruments with binding legal effect 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.
Amendment 103 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 104 #
Proposal for a regulation
Recital 22
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.
Amendment 105 #
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation covers ‘civil matters’, which includes civil court proceedings and the resulting final court decisions on parenthood, and authentic instruments with binding legal effect on parenthood. The term ‘civil matters’ should be interpreted autonomously, in accordance with the established case law of the Court of Justice. It should be regarded as an independent concept to be interpreted by referring, first, to the objectives and scheme of this Regulation and, second, to the general principles that stem from the corpus of the national legal systems. The term ‘civil matters’ should therefore be interpreted as capable of extending also to measures that, from the point of view of the legal system of a Member State, might fall under public law.
Amendment 106 #
Proposal for a regulation
Recital 24
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 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.
Amendment 106 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of private international law, jurisdiction should be determined, in each Member State, in compliance with the laws of that Member State.
Amendment 107 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 109 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 110 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 111 #
Proposal for a regulation
Recital 43
Recital 43
Amendment 112 #
Proposal for a regulation
Recital 45
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.
Amendment 113 #
Proposal for a regulation
Recital 25
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.
Amendment 115 #
Proposal for a regulation
Recital 25
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.
Amendment 116 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 117 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 118 #
Proposal for a regulation
Recital 51
Recital 51
(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the woman giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)national law of the child.
Amendment 119 #
Proposal for a regulation
Recital 28
Recital 28
(28) While the establishment and the recognition of parenthood in conformity with this Regulation is relevant for other areas of civil law, the scope of this Regulation should be limited to jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments concerning parenthoodwith binding legal effect. For reasons of clarity, other areas of civil law which could be seen as having a link with parenthood should be explicitly excluded from the scope of this Regulation.
Amendment 121 #
Proposal for a regulation
Recital 29
Recital 29
(29) In particular, the rules on jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments with binding legal effect set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157. However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
Amendment 121 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 123 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 124 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 124 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 125 #
Proposal for a regulation
Recital 55
Recital 55
(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done.
Amendment 126 #
Proposal for a regulation
Recital 56
Recital 56
Amendment 128 #
Proposal for a regulation
Recital 31
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 formally checking that the recognition of parenthood is not manifestly contrary to the public policy of the Member State, 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.
Amendment 129 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) It should also not cover the recognition of court decisions which are open to appeal or of authentic instruments without binding legal effect.
Amendment 129 #
Proposal for a regulation
Recital 57
Recital 57
(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, but the rules on the conflict of laws laid down by national legal systems must always be observed.
Amendment 131 #
Proposal for a regulation
Recital 34
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood canmust be provided by the document establishing the parenthood (such as thefinal court decision, or the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate)authentic instrument with binding legal effect establishing parenthood.
Amendment 132 #
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).
Amendment 136 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 136 #
Proposal for a regulation
Recital 61
Recital 61
(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any interested partyparty with a legitimate interest recognised under the procedural law of the Member State in which the proceedings were launched who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.
Amendment 139 #
Proposal for a regulation
Recital 64
Recital 64
(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in compliance with national laws and procedures, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.
Amendment 140 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross- border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject.
Amendment 141 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 143 #
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 effect 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’). 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 144 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 145 #
Proposal for a regulation
Recital 69
Recital 69
Amendment 146 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of international private law, jurisdiction should be determined, in each Member State, by the laws of that Member State.
Amendment 147 #
Proposal for a regulation
Recital 70
Recital 70
Amendment 148 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 148 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 149 #
Proposal for a regulation
Recital 72
Recital 72
Amendment 150 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 150 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 151 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 151 #
Proposal for a regulation
Recital 74
Recital 74
Amendment 152 #
Proposal for a regulation
Recital 43
Recital 43
Amendment 155 #
Proposal for a regulation
Recital 45
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.
Amendment 155 #
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.
Amendment 156 #
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.
Amendment 159 #
Proposal for a regulation
Recital 76
Recital 76
Amendment 162 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 163 #
Proposal for a regulation
Recital 77
Recital 77
Amendment 164 #
Proposal for a regulation
Recital 51
Recital 51
(51) As a rule, tThe law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)Member State whose courts are hearing the case.
Amendment 164 #
Proposal for a regulation
Recital 78
Recital 78
Amendment 166 #
Amendment 167 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 169 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 169 #
Proposal for a regulation
Recital 80
Recital 80
Amendment 170 #
Proposal for a regulation
Recital 81
Recital 81
Amendment 172 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 172 #
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 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.
Amendment 174 #
Proposal for a regulation
Recital 55
Recital 55
(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done.
Amendment 174 #
Proposal for a regulation
Recital 86
Recital 86
Amendment 175 #
Proposal for a regulation
Recital 56
Recital 56
Amendment 176 #
Proposal for a regulation
Recital 90
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 the third indent of Article 3(2) of the Charter, which prohibits making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 5(3) prohibiting trafficking in human beings, Article 5(4) prohibiting trafficking in human beings, and Article 5(5) prohibiting trafficking in human beings, of Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 178 #
Proposal for a regulation
Recital 92
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.
Amendment 180 #
Proposal for a regulation
Recital 95
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.
Amendment 181 #
Proposal for a regulation
Recital 57
Recital 57
(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, while respecting the conflict- of-law rules laid down by national legislation.
Amendment 183 #
Proposal for a regulation
Recital 58
Recital 58
(58) This Regulation should provide for the recognition of final court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
Amendment 185 #
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).
Amendment 188 #
Proposal for a regulation
Recital 60
Recital 60
(60) Mutual trust in the administration of justice in the Union justifies the principle that final court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.
Amendment 189 #
Proposal for a regulation
Recital 61
Recital 61
(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are initiated, who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute, from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that final court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) the existence, validity or recognition of parenthood in Member States;
Amendment 191 #
Proposal for a regulation
Recital 62
Recital 62
(62) The recognition in a Member State of final court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non- recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations.
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) parental responsibility and custody matters;
Amendment 192 #
Proposal for a regulation
Recital 63
Recital 63
(63) The recognition of a final court decision should be refused only if one or more of the grounds for refusal of recognition provided for in this Regulation are present. The list of grounds for refusal of recognition in this Regulation is exhaustive. It should not be possible to invoke, as grounds for refusal, grounds which are not listed in this Regulation such as, for example, a violation of the lis pendens rule. A later court decision should always supersede an earlier court decision to the extent that they are irreconcilable.
Amendment 193 #
Proposal for a regulation
Recital 64
Recital 64
(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in accordance with national legislation and procedure, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a final court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition or, as the case may be, acceptance of authentic instruments establishing or proving parenthood drawn up or registered in a third State.
Amendment 195 #
Proposal for a regulation
Recital 65
Recital 65
(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to ‘final court decisions’ for the purposes of the rules on recognition of this Regulation.
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in accordance with national law. It includes the legal status of being the child of a particular parent or parents;
Amendment 199 #
Proposal for a regulation
Recital 67
Recital 67
(67) The recognition in a Member State under this Regulation of a final 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 202 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 204 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
5. 'court decision' means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood, against which no further appeal may be made, under either routine or extraordinary procedures;
Amendment 205 #
Proposal for a regulation
Recital 69
Recital 69
Amendment 206 #
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
7. 'Member State of origin' means the Member State in which the court decision on parenthood has been given, the authentic instrument on parenthood has been formally drawn up or registered, or the European Certificate of Parenthood has been issued;
Amendment 209 #
Proposal for a regulation
Recital 70
Recital 70
Amendment 210 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 211 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Amendment 212 #
Proposal for a regulation
Recital 72
Recital 72
Amendment 212 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 213 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 214 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 215 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 216 #
Proposal for a regulation
Recital 74
Recital 74
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 217 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 219 #
Proposal for a regulation
Article 7
Article 7
Amendment 220 #
Proposal for a regulation
Article 8
Article 8
Amendment 221 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where no court of a Member State has jurisdiction pursuant to other provisions of this Regulationits own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.
Amendment 222 #
Proposal for a regulation
Article 10
Article 10
Amendment 224 #
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 aa final court decision or authentic instrument with binding legal effect 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 aa final court decision or an authentic instrument with binding legal effect issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
Amendment 226 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childnational law of the child at the time of birth.
Amendment 227 #
Proposal for a regulation
Recital 76
Recital 76
Amendment 228 #
(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 by the Member State in which parenthood has been established 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.
Amendment 228 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 229 #
Proposal for a regulation
Recital 77
Recital 77
Amendment 229 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 233 #
Proposal for a regulation
Recital 78
Recital 78
Amendment 235 #
Proposal for a regulation
Recital 78
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 final court decision or an authentic instrument with binding legal effect) 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 final court decision or an authentic instrument with binding legal effect be presented instead of the European Certificate of Parenthood.
Amendment 235 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;
Amendment 236 #
Proposal for a regulation
Recital 79
Recital 79
Amendment 237 #
Proposal for a regulation
Article 19
Article 19
Amendment 238 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. A unilateral act 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:law applicable to the establishment of parenthood pursuant to Article 17;
Amendment 239 #
Proposal for a regulation
Recital 80
Recital 80
Amendment 239 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 240 #
Proposal for a regulation
Recital 80
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 RegulationThe European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects without precluding the Member State courts or competent authorities to which the certificate is presented from formally checking that it contains elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal as a result of it being manifestly contrary to public policy. 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 with binding legal effect 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.
Amendment 240 #
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 241 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 242 #
Proposal for a regulation
Recital 81
Recital 81
Amendment 244 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.
Amendment 245 #
Proposal for a regulation
Recital 81
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, refused 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.
Amendment 247 #
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 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.
Amendment 249 #
Proposal for a regulation
Recital 83
Recital 83
Amendment 251 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum and in the cases provided for in Article 17b.
Amendment 252 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination.
Amendment 253 #
Proposal for a regulation
Recital 86
Recital 86
Amendment 254 #
Proposal for a regulation
Recital 86
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).
Amendment 258 #
Proposal for a regulation
Recital 90
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 3(2)(c) of the Charter prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
Amendment 258 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as listed in Article 31.
Amendment 261 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
Amendment 262 #
Proposal for a regulation
Recital 92
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 final court decisions or authentic instruments with binding legal effect, 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.
Amendment 263 #
Proposal for a regulation
Recital 92
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.
Amendment 263 #
1. Any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings were launched may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.
Amendment 264 #
Proposal for a regulation
Recital 93
Recital 93
(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).
Amendment 264 #
Proposal for a regulation
Article 27
Article 27
Amendment 265 #
Proposal for a regulation
Recital 95
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, 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.
Amendment 266 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
The court before which a court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.
Amendment 267 #
Proposal for a regulation
Recital 95
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.
Amendment 268 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 269 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; 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.
Amendment 272 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of final court decisions on parenthood given, and authentic instruments with binding legal effect on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
Amendment 277 #
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application by any person with a legitimate interest under the procedural law of the Member State in which the proceedings were launched claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;
Amendment 278 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. No provision of this Regulation may be interpreted in such a way as to commit a Member State to having to accept the legal effects of a practice deemed illegal under its own legal system.
Amendment 280 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) the existence, validity or recognition of parenthood in the Member States;
Amendment 280 #
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
Amendment 282 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) matters relating to parental responsibility mattersand custody;
Amendment 283 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination .
Amendment 286 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition or, as the case may be, acceptance of authentic instrumentsf authentic instruments with binding legal effect establishing or proving parenthood drawn up or registered in a third State.
Amendment 290 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;
Amendment 290 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and will be determined on the basis of the law of the Member State of the court that has refused recognition.
Amendment 291 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
A court decision given on the challenge or appeal may only be contested by a challenge or appeal where: (1) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71; (2) such courts of appeal or further appeals have been decided on in compliance with the law of the Member State of the court seised.
Amendment 293 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
This Section shall apply to authentic instruments establishing parenthood in accordance with national law that:
Amendment 295 #
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 unless the grounds for refusal of recognition listed in Article 31 are present. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 298 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
5. '‘final court decision'’ means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood and in respect of which there can be no further appeal, whether ordinary or extraordinary;
Amendment 298 #
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 299 #
Proposal for a regulation
Article 4 – paragraph 1 – point 6 – introductory part
Article 4 – paragraph 1 – point 6 – introductory part
6. ‘authentic instrument' with binding legal effect’ means a document that has been formally drawn up or registered as an authentic instrument with binding legal effect in any Member State in matters of parenthood and the authenticity of which:
Amendment 301 #
Proposal for a regulation
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
7. 'Member State of origin' means the Member State in which the court decision on parenthood has been given, the authentic instrument on parenthood has been formally drawn up or registered, or the European Certificate of Parenthood has been issued;
Amendment 305 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Amendment 306 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 308 #
Amendment 309 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination .
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 312 #
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, unless that is not in the interests of the child. 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 313 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 314 #
Proposal for a regulation
Article 7
Article 7
Amendment 315 #
Proposal for a regulation
Article 8
Article 8
Amendment 315 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 316 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where no court of a Member State has jurisdiction pursuant to other provisions of this Regulationits own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.
Amendment 317 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 318 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 319 #
Proposal for a regulation
Article 44
Article 44
Amendment 320 #
Amendment 326 #
1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childMember State whose courts are seised of the case.
Amendment 329 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 330 #
Proposal for a regulation
Article 46
Article 46
Amendment 332 #
Proposal for a regulation
Article 47
Article 47
Amendment 335 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;
Amendment 335 #
Proposal for a regulation
Article 48
Article 48
Amendment 337 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. A unilateral act 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:the law applicable to the establishment of parenthood in accordance with Article 17.
Amendment 338 #
Proposal for a regulation
Article 49
Article 49
Amendment 339 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 340 #
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 341 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 342 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.
Amendment 343 #
Proposal for a regulation
Article 50
Article 50
Amendment 344 #
Proposal for a regulation
Article 51
Article 51
Amendment 347 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 349 #
Proposal for a regulation
Article 52
Article 52
Amendment 353 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A final court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as referred to in Article 31.
Amendment 354 #
Proposal for a regulation
Article 53
Article 53
Amendment 355 #
Proposal for a regulation
Article 54
Article 54
Amendment 357 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a final court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
Amendment 358 #
Proposal for a regulation
Article 55
Article 55
Amendment 359 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Where the recognition of a final court decision is raised as an incidental question before a court of a Member State, that court may determine that issue.
Amendment 359 #
Amendment 360 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are brought may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.
Amendment 361 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. A party who wishes to invoke in a Member State a final court decision given in another Member State shall produce the following:
Amendment 362 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) a copy of the final court decision that satisfies the conditions necessary to establish its authenticity; and
Amendment 363 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The court or other competent authority before which a final court decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration of the translatable content of the free text fields of the attestation referred to in point (b) of paragraph 1 of this Article.
Amendment 363 #
Proposal for a regulation
Article 57
Article 57
Amendment 364 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The court or other competent authority before which a final court decision given in another Member State is invoked may require the party to provide a translation or transliteration of the court decision in addition to a translation or transliteration of the translatable content of the free text fields of the attestation if it is unable to proceed without such a translation or transliteration.
Amendment 365 #
Proposal for a regulation
Article 27
Article 27
Amendment 366 #
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 367 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
The court before which a final court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision stating that there are no grounds for refusal of recognition as referred to in Article 25, or for a decision stating that the recognition is to be refused on one of those grounds.
Amendment 368 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 368 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Each Member StateThe Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory.
Amendment 369 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
Amendment 369 #
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.
Amendment 370 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The court of a Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for a final court decision on parenthood using the form set out in Annex I.
Amendment 370 #
Proposal for a regulation
Article 63
Article 63
Amendment 372 #
Proposal for a regulation
Article 64
Article 64
Amendment 374 #
Proposal for a regulation
Article 68 – paragraph 1
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.
Amendment 377 #
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
(b) where it was given in default of appearance if the persons in default were not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable those persons to arrange for their defence unless it is determined that such persons have accepted the final court decision unequivocally;
Amendment 377 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
Amendment 378 #
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application by any person with a legitimate interest under the procedural law of the Member State in which the proceedings are brought claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;
Amendment 380 #
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
(d) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in the Member State in which recognition is invoked;
Amendment 381 #
Proposal for a regulation
Article 31 – paragraph 1 – point e
Article 31 – paragraph 1 – point e
(e) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in another Member State provided that the later final court decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.
Amendment 381 #
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 2
Article 69 – paragraph 3 – subparagraph 2
Amendment 382 #
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(ea) if there is a failure to submit the documents referred to in Article 26, without prejudice to the possibility for the court seised to waive this obligation in accordance with Article 32(7).
Amendment 382 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. Final decisions and authentic instruments with binding legal effects issued after the date of entry into force of this Regulation in the Member State of the court which established parenthood, deriving from proceedings launched before its entry into force, shall be recognised pursuant to this Regulation provided that the rules governing jurisdiction applied are in accordance with the rules set out in Chapter II of this Regulation.
Amendment 386 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 387 #
Proposal for a regulation
Article 70 – paragraph 2 – point c
Article 70 – paragraph 2 – point c
Amendment 390 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The recognition of a final court decision in matters of parenthood may be refused if it was given without children having been given an opportunity to express their views, unless this is against the interest of the child. Where 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 390 #
Proposal for a regulation
Article 71 – paragraph 1 – point d
Article 71 – paragraph 1 – point d
Amendment 393 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The recognition of a final court decision in matters of parenthood shall be refused if one of the grounds for refusal of recognition referred to in Article 31 is found to exist.
Amendment 394 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The applicant shall provide the court with a copy of the final court decision which satisfies the conditions necessary to establish its authenticity and, where applicable and possible, the appropriate attestation issued pursuant to Article 29.
Amendment 394 #
Proposal for a regulation
Annex III
Annex III
Amendment 396 #
Amendment 397 #
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. If the court is unable to proceed without a translation or transliteration of the final court decision, it may require the applicant to provide such a translation or transliteration.
Amendment 400 #
Proposal for a regulation
Annex V
Annex V
Amendment 401 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and which shall be determined in accordance with the law of the Member State of the court that refused recognition.
Amendment 402 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
A court decision given on the challenge or appeal may only be contested by a challenge or appeal where the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.:
Amendment 403 #
Proposal for a regulation
Article 34 – paragraph 1 – point a (new)
Article 34 – paragraph 1 – point a (new)
(a) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.
Amendment 404 #
Proposal for a regulation
Article 34 – paragraph 1 – point b (new)
Article 34 – paragraph 1 – point b (new)
(b) if the courts with which any further challenge or appeal is to be lodged have been established in accordance with the law of the Member State of the court that was seised of the case.
Amendment 406 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
This Section shall apply to authentic instruments establishing parenthood in accordance with national law and that:
Amendment 411 #
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, unless there are grounds for refusal of recognition as listed in Article 31. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
Amendment 415 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
Amendment 430 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 435 #
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, unless this is against the interest of the child. 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 441 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 444 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
Under no circumstances may a final 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 449 #
Proposal for a regulation
Article 44
Article 44
Amendment 451 #
Proposal for a regulation
Article 45
Article 45
Acceptance of authentic instruments 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. 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. 3. A person wishing to use such an authentic instrument in another Member State may ask the authority that has formally drawn up or registered the authentic instrument in the Member State of origin to fill in the form in Annex III describing the evidentiary effects which the authentic instrument produces in the Member State of origin. 4. The attestation shall contain a statement informing Union citizens and their family members that the attestation 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. 5. Any challenge relating to the authenticity of such an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that Member State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. 6. Any challenge relating to the legal acts or legal relationships recorded in such an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. 7. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in such an authentic instrument, that court shall have jurisdiction over that question.rticle 45 deleted
Amendment 461 #
Proposal for a regulation
Article 46
Article 46
Amendment 466 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
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, without prejudice to Article 53a.
Amendment 468 #
Proposal for a regulation
Article 47
Article 47
Amendment 470 #
Proposal for a regulation
Article 48
Article 48
Amendment 472 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Certificate shall be issued inby 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.
Amendment 474 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Amendment 475 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. For the purposes of submitting an application, the applicant mayshall use the form established in Annex IV.
Amendment 476 #
Proposal for a regulation
Article 49 – paragraph 3 – introductory part
Article 49 – paragraph 3 – introductory part
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):
Amendment 477 #
Proposal for a regulation
Article 49 – paragraph 3 – point a
Article 49 – paragraph 3 – point a
(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;
Amendment 478 #
Proposal for a regulation
Article 49 – paragraph 3 – point c
Article 49 – paragraph 3 – point c
(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;
Amendment 479 #
Proposal for a regulation
Article 49 – paragraph 3 – point d
Article 49 – paragraph 3 – point d
(d) the place and Member State where the parenthood of the child is registered;
Amendment 480 #
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) or documents establishing parenthood with binding legal effect or providing evidence of the parenthood that satisfy the conditions necessary to establish their authenticity;
Amendment 482 #
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, or 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;
Amendment 485 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
Amendment 487 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 488 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. WThe declaration referred 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.o in Article 49(3), point (g) shall be drawn up in accordance with the national law and subject to the conditions laid down therein;
Amendment 490 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Amendment 491 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The issuing authority of the Member State in which parenthood was established 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.
Amendment 494 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2 – point b a (new)
Article 51 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) if parenthood was established in another Member State.
Amendment 497 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
Amendment 498 #
Proposal for a regulation
Article 52 – paragraph 1 – point a
Article 52 – paragraph 1 – point a
(a) the name, address and contact details of the Member State’'s issuing authority; and the contact details of the court which established parenthood or the competent authority which issued the authentic instrument establishing parenthood with binding legal effect;
Amendment 499 #
Proposal for a regulation
Article 52 – paragraph 1 – point b
Article 52 – paragraph 1 – point b
Amendment 501 #
Proposal for a regulation
Article 52 – paragraph 1 – point e
Article 52 – paragraph 1 – point e
(e) the place and Member State where the parenthood of the child is registered;
Amendment 502 #
Proposal for a regulation
Article 52 – paragraph 1 – point f
Article 52 – paragraph 1 – point f
(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;
Amendment 503 #
Proposal for a regulation
Article 52 – paragraph 1 – point h
Article 52 – paragraph 1 – point h
(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;
Amendment 505 #
Amendment 506 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. TWithout prejudice to Article 53a, the Certificate shall produce its effects in all Member States without any special procedure being required.
Amendment 508 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Certificate shall be presumed to demonstrate accuratelycourts or competent authorities of the Member State to which the Certificate is submitted shall check ex officio that the Certificate reproduces the elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal under Article 53a. 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.
Amendment 510 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Certificate, once the ex officio check has been completed, 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 512 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a Refusal of the Certificate 1. The effects of the Certificate may be refused if recognition of parenthood is manifestly contrary to the public policy of the Member State to which it is presented. 2. The previous paragraph shall be applied by the courts and other competent authorities of the Member State in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
Amendment 514 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
Amendment 516 #
Proposal for a regulation
Article 55
Article 55
Amendment 518 #
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, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
Amendment 524 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
Amendment 525 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
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. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
Amendment 530 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
Amendment 531 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) the Member State to which the Certificate is submitted in accordance with Article 53a of this Regulation.
Amendment 532 #
Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)
Article 57 – paragraph 1 – subparagraph 1 (new)
A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
Amendment 536 #
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
(a) proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood;
Amendment 538 #
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 540 #
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) the application for, issuance, rectification, modification, withdrawal, refusal, suspension or redress procedures of the European Certificate of Parenthood.
Amendment 542 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Each Member StateThe Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory of the Member States.
Amendment 543 #
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2 under the relevant Union financial programmes.
Amendment 545 #
Proposal for a regulation
Article 63
Article 63
Amendment 547 #
Proposal for a regulation
Article 64
Article 64
Amendment 552 #
Proposal for a regulation
Article 68 – paragraph 1
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.
Amendment 553 #
Proposal for a regulation
Article 68 – paragraph 1
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 4537, 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.
Amendment 556 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
Amendment 559 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. Final court decisions and authentic instruments with binding legal effect issued after the date of the entry into force of this Regulation in the State of the court that established parenthood as a result of proceedings before this Regulation applied shall be recognised in accordance with this Regulation, on the condition that the rules applied to jurisdiction are in line with those in Chapter II of this Regulation;
Amendment 563 #
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 final 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 566 #
Proposal for a regulation
Article 70 – paragraph 2 – point c
Article 70 – paragraph 2 – point c
Amendment 569 #
Proposal for a regulation
Article 71 – paragraph 1 – point a
Article 71 – paragraph 1 – point a
(a) the authorities empowered to draw up or register authentic instruments with binding legal effect in matters of parenthood as referred to in Article 4, point (6);
Amendment 570 #
Proposal for a regulation
Article 71 – paragraph 1 – point b
Article 71 – paragraph 1 – point b
(b) the courts and authorities competent to issue attestations as referred to in Article 29, Article 37 and Article 4537, and the courts and authorities competent to rectify attestations as referred to in Article 38;
Amendment 572 #
Proposal for a regulation
Article 71 – paragraph 1 – point c
Article 71 – paragraph 1 – point c
(c) the courts competent to deal with applications for a decision that there are no grounds for refusal of recognition in accordance with Article 25, and the courts competent to deal with applications for refusal of recognition in accordance with Article 32 and with appeals against court decisions on such applications for refusal in accordance with Articles 33 and 34, respectively; and
Amendment 574 #
Proposal for a regulation
Article 71 – paragraph 1 – point d
Article 71 – paragraph 1 – point d
Amendment 576 #
Proposal for a regulation
Annex I – title
Annex I – title
ATTESTATION CONCERNING A FINAL COURT DECISION IN MATTERS OF PARENTHOOD
Amendment 577 #
Proposal for a regulation
Annex I – subtitle
Annex I – subtitle
IMPORTANT To be issued, upon application by a party, with regard to a final court decision in matters of parenthood, by the court of the Member State of origin as communicated to the Commission pursuant to Article 71 of the Regulation.
Amendment 578 #
Proposal for a regulation
Annex I – point 5.3
Annex I – point 5.3
5.3. Sex*:
Amendment 579 #
Proposal for a regulation
Annex I – point 5.6
Annex I – point 5.6
5.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 580 #
Proposal for a regulation
Annex I – point 6.5
Annex I – point 6.5
6.5 Identity number or social security number (if applicable and available): *:………………………………….
Amendment 581 #
Proposal for a regulation
Annex I – point 7.5
Annex I – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 582 #
Proposal for a regulation
Annex I – point 9
Annex I – point 9
Amendment 585 #
Proposal for a regulation
Annex II – point 2.1
Annex II – point 2.1
2.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seisednational law)
Amendment 586 #
Proposal for a regulation
Annex II – point 2.2
Annex II – point 2.2
Amendment 587 #
Proposal for a regulation
Annex II – point 2.3
Annex II – point 2.3
Amendment 588 #
Proposal for a regulation
Annex II – point 2.4
Annex II – point 2.4
Amendment 589 #
Proposal for a regulation
Annex II – point 2.5
Annex II – point 2.5
Amendment 590 #
Proposal for a regulation
Annex II – point 2.6
Annex II – point 2.6
Amendment 591 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Authentic instrument with binding legal effect
Amendment 592 #
Proposal for a regulation
Annex II – point 5.1
Annex II – point 5.1
Amendment 593 #
Proposal for a regulation
Annex II – point 5.2
Annex II – point 5.2
5.2. Reference number of the authentic instrument (if applicable)with binding legal effect*:
Amendment 594 #
Proposal for a regulation
Annex II – point 5.4
Annex II – point 5.4
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin*:
Amendment 596 #
Proposal for a regulation
Annex II – point 6
Annex II – point 6
6. Child covered by the authentic instrument with binding legal effect
Amendment 597 #
Proposal for a regulation
Annex II – point 6.3
Annex II – point 6.3
6.3. Sex*:
Amendment 598 #
Proposal for a regulation
Annex II – point 6.6
Annex II – point 6.6
6.6. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 599 #
Proposal for a regulation
Annex II – point 7.5
Annex II – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 600 #
Proposal for a regulation
Annex II – point 8.5
Annex II – point 8.5
8.5. Identity number or social security number (if applicable and available)*: ………………………………….
Amendment 606 #
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 effects in the Member State of origin (to be completed ONLY if different from section 2)
Amendment 607 #
Proposal for a regulation
Annex IV – point 3.2.3
Annex IV – point 3.2.3
Amendment 608 #
Proposal for a regulation
Annex IV – point 3.4
Annex IV – point 3.4
3.4. Reference number of the case*:
Amendment 609 #
Proposal for a regulation
Annex IV – point 4
Annex IV – point 4
Amendment 610 #
Proposal for a regulation
Annex IV – point 4.6
Annex IV – point 4.6
4.6. Identification number*: _________________ 12 Please indicate the most relevant number if applicable.
Amendment 611 #
Proposal for a regulation
Annex IV – point 4.8
Annex IV – point 4.8
4.8. Telephone*:
Amendment 612 #
Proposal for a regulation
Annex IV – point 4.9
Annex IV – point 4.9
4.9. E-mail*:
Amendment 613 #
Proposal for a regulation
Annex IV – point 4.10
Annex IV – point 4.10
4.10. Place of registration of parenthood*:
Amendment 614 #
Proposal for a regulation
Annex IV – point 4.11
Annex IV – point 4.11
Amendment 615 #
Proposal for a regulation
Annex IV – point 5.5
Annex IV – point 5.5
5.5. Identification number*: _________________ 13 Please indicate the most relevant number if applicable.
Amendment 616 #
Proposal for a regulation
Annex IV – point 6.5
Annex IV – point 6.5
6.5. Identification number*: _________________ 14 Please indicate the most relevant number if applicable.
Amendment 617 #
Proposal for a regulation
Annex IV – point 7
Annex IV – point 7
7. Details concerning the representative of the applicant15 (to be completed only if the applicant is represented)
Amendment 618 #
Proposal for a regulation
Annex IV – point 7.3.1
Annex IV – point 7.3.1
7.3.1. Registration number*:
Amendment 619 #
Proposal for a regulation
Annex IV – point 7.3.3
Annex IV – point 7.3.3
7.3.3. Date (dd/mm/yyyy) and place of registration*:
Amendment 620 #
Proposal for a regulation
Annex IV – point 8
Annex IV – point 8
8. Documents annexed to this application form* 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)Final court decision establishing parenthood deleted
Amendment 624 #
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 final court decision or an authentic instrument with binding legal effect) or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 1)
Amendment 625 #
Proposal for a regulation
Annex V – point 2.2.3
Annex V – point 2.2.3
Amendment 626 #
Proposal for a regulation
Annex V – point 4
Annex V – point 4
4. Competence of the issuing authority (Article 48 of Council Regulation (EU) 20XX/X) The issuing authority is located in the Member State in which parenthood was established and whose courts have jurisdiction pursuant to:* 4.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seised) 4.2. □ Article 6(b) of Regulation (EU) 20XX/X (general jurisdiction - nationality of the child at the time the court is seised) 4.3. □ Article 6(c) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of the respondent at the time the court is seised) 4.4. □ Article 6(d) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of one of the parents at the time the court is seised) 4.5. □ Article 6(e) of Regulation (EU) 20XX/X (general jurisdiction - birth of the child) 4.6. □ Article 7 of Regulation (EU) 20XX/X (presence of the child)national law) deleted deleted deleted deleted deleted 4.7. □ Article 9 of Regulation (EU) 20XX/X (forum necessitatis)
Amendment 627 #
Proposal for a regulation
Annex V – point 5.3
Annex V – point 5.3
5.3. Sex*:
Amendment 628 #
Proposal for a regulation
Annex V – point 5.5
Annex V – point 5.5
5.5. Nationality*:
Amendment 629 #
Proposal for a regulation
Annex V – point 5.6
Annex V – point 5.6
5.6. Identification number*: _________________ 15 Please indicate the most relevant number.
Amendment 630 #
Proposal for a regulation
Annex V – point 5.9
Annex V – point 5.9
Amendment 631 #
Proposal for a regulation
Annex V – point 6.1.5
Annex V – point 6.1.5
6.1.5. Identification number * _________________ 16 Please indicate the most relevant number.
Amendment 632 #
Proposal for a regulation
Annex V – point 6.1.7.1
Annex V – point 6.1.7.1
6.1.7.1. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Sweden □ Other (please specify ISO- code):…..…………………………..………… ………………………deleted
Amendment 633 #
Proposal for a regulation
Annex V – point 6.1.7.2
Annex V – point 6.1.7.2
Amendment 634 #
Proposal for a regulation
Annex V – point 6.1.7.2.1
Annex V – point 6.1.7.2.1
Amendment 635 #
Proposal for a regulation
Annex V – point 6.1.7.2.2
Annex V – point 6.1.7.2.2
Amendment 636 #
Proposal for a regulation
Annex V – point 6.1.7.2.3
Annex V – point 6.1.7.2.3
Amendment 637 #
Proposal for a regulation
Annex V – point 6.1.7.2.4
Annex V – point 6.1.7.2.4
Amendment 638 #
Proposal for a regulation
Annex V – point 6.2.5
Annex V – point 6.2.5
6.2.5. Identification number* _________________ 16 Please indicate the most relevant number.
Amendment 639 #
Proposal for a regulation
Annex V – point 6.2.7.1
Annex V – point 6.2.7.1
Amendment 640 #
Proposal for a regulation
Annex V – point 6.2.7.2
Annex V – point 6.2.7.2
Amendment 641 #
Proposal for a regulation
Annex V – point 6.2.7.2.1
Annex V – point 6.2.7.2.1
Amendment 642 #
Proposal for a regulation
Annex V – point 6.2.7.2.2
Annex V – point 6.2.7.2.2
Amendment 643 #
Proposal for a regulation
Annex V – point 6.2.7.2.3
Annex V – point 6.2.7.2.3
Amendment 644 #
Proposal for a regulation
Annex V – point 6.2.7.2.4
Annex V – point 6.2.7.2.4
Amendment 645 #
Proposal for a regulation
Annex V – point 7.2.4
Annex V – point 7.2.4
7.2.4. Identification number* _________________ 19 Please indicate the most relevant number.
Amendment 646 #
Proposal for a regulation
Annex V – point 7.3.4
Annex V – point 7.3.4
7.3.4. Surname(s) and given name(s) of person authorised to sign for the organisation:*