Activities of Jiří MAŠTÁLKA related to 2016/0190(CNS)
Plenary speeches (1)
Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and international child abduction (debate) CS
Amendments (9)
Amendment 31 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to enhance judicial cooperation in civil matters having cross- border implications, judicial training, especially in cross border family law, is needed. Training activities, such as seminars and exchanges, are required at both Union and national level, in order to raise awareness of this regulation, its content and consequences, as well as to build mutual trust in each other's national judicial systems.
Amendment 41 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation should fully respect all the rights set out in the Charter of Fundamental Rights of the European Union ('the Charter'), and especially the right to an effective remedy and to a fair trial (Article 47 of the Charter), as well as the right to the respect for private and family life (Article 7 of the Charter) and the rights of the child (Article 24 of the Charter).
Amendment 58 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The role of mediation should be increased, especially in relation to the hearing of the child, with a view to resuming basic forms of communication between the child's caregivers involved in the dispute. Also in view of an increase in cross-border custody disputes across the European Union, where no international framework is available, as a result of the recent migration inflows, mediation is often proven the only legal means to help families reach a sustainable solution on family disputes.
Amendment 59 #
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) In order to offer an effective alternative to court proceedings in national or international matters of family disputes, the mediators involved need to have undergone appropriate specialised training; the training should cover, in particular the legal framework of cross- border family disputes, intercultural competence and tools to manage high conflict situations, always having regard to the best interest of the child. Training for judges in the Member States should also address how to encourage parties to engage in mediation an early as possible and how to incorporate mediation into court proceedings without causing unnecessary delay.
Amendment 83 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Communication between judges, public authorities, central authorities, professionals assisting the parents and between the parents themselves should be promoted by all means, taking into account, among others, that a decision that the child should not return may violate the basic rights of the child to the same extent as a decision to return it.
Amendment 85 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Where the interests of the child so require, judges should communicate directly with Central Authorities or competent courts in other Member States.
Amendment 138 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
In all proceedings falling under the scope of this Regulation, authorities shall examine whether mediation would be a viable option for the parties involved.
Amendment 144 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
When applying Articles 12 and 13 of the 1980 Hague Convention, the court shall ensure that the child is given the opportunity to express his or her views in accordance with Article 20 of this Regulation, as well as in accordance with Article 12 of the UN Convention on the Rights of the Child and Article 24(1) of the Charter of Fundamental Rights of the European Union.
Amendment 174 #
Proposal for a regulation
Article 63 – paragraph 1 – point g
Article 63 – paragraph 1 – point g
(g) ensure that where they initiate or facilitate the institution of court proceedings for the return of children under the 1980 Hague Convention, the file prepared in view of such proceedings, save where exceptional circumstances make this impossible, is complete and submitted to the court or other competent authority within six weeks.