Activities of Lívia JÁRÓKA 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 (15)
Amendment 74 #
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discriminationof the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful to be treated without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status 32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Righ provided that such recognition is manifestly not contrary to existing national public policy - especially in situations where it could clearly have an adverse effect on the best interests of the Cchild. _________________ 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 80 #
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. Such provisions must comply with the conditions of subsidiarity and proportionality and act with the upmost respect to fundamental rights, in particular the fundamental rights of children.
Amendment 84 #
Proposal for a regulation
Recital 8
Recital 8
(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ and are to be respected in correlation with the principle of subsidiarity.
Amendment 86 #
Proposal for a regulation
Recital 10
Recital 10
(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficerences between the regulaties in having theons of Member States regarding the recognition of parenthood ofand their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin. definition of a family. Member States’ legal customs regarding family law in some cases have a rich history and need to be treated with the upmost respect and with the constantly evolving nature of law in today’s world it needs to be up to the national legislations to react to these challenges. When looking to regulate cross-border elements EU legislation is not above the Constitution of Member States. Its function is to harmonise and enable cooperation in cases with cross border elements, not to mandate and change the fundamentals of a Member States’ legal system.
Amendment 88 #
Proposal for a regulation
Recital 11
Recital 11
(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, maintenancthe rights, to succession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in anoh protection and care as is necessary for their well-being and the right to express their Member State can have serious adverse consequences on children’s fundamental rights and on the rights that they derive from national law. This may prompt families to start litigation to have the parenthood of their child recognised in another Member State, although those proceedings have uncertain resultviews freely16a. To address differences between the national legal systems the EU should encourage social dialogue between Member States so that national legislations cand involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national law find solutions to the procedural issues deriving from fundamental differences in their legal systems. As the EU is ‘united in diversity’ its regulations shall treat the unique differences in legal customs in Member States’ legal systems with the upmost respect.
Amendment 96 #
Proposal for a regulation
Recital 16
Recital 16
(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child's parentirrespective of the child's or his or her parent's or legal guardian's sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration.
Amendment 98 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premisse that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail as stated in Article 2 TEU. That premisse implies and justifies the existence of mutual trust between the Member States that those values will be recognised.
Amendment 100 #
Proposal for a regulation
Recital 20
Recital 20
(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination, are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birthsex and birth. Article 3 (2) of the same Charter prohibits the use of the human body and its individual parts as a source of profit, and its Article 5 (3) prohibits trafficking in human beings. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life.
Amendment 103 #
Proposal for a regulation
Recital 21
Recital 21
(21) (21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain theirincluding the right to respect for their biological and genetic ties and 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 or international 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 if such recognition is not contrary to national public policy, in particular, if it is not contrary to Constitution of the Member State and the fundamental rights of biological parents including the biological mother, who is often the victim of gender-based discrimination . 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 105 #
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 applicablewith respect to the sovereignty of Member States and their Constitutions.
Amendment 111 #
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 intendedbiological parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
Amendment 122 #
Proposal for a regulation
Recital 56
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the cCourts orand other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, when deciding on the non- compliance of foreign law provisions with national public policy, should in particular take into account the issue of their possible non-compliance with the Charter, in particular with its Art. 21 prohibiting discrimination (including discrimination between men and women), Article. 3. (c), prohibiting the use of the human body and its individual parts as a source of profit, Article 5 (3) prohibiting trafficking in human beings.
Amendment 129 #
Proposal for a regulation
Recital 62
Recital 62
(62) The recognition in a Member State of 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 toanalysed on a case-by-case basis, in order to facilitate the effective harmonisation of facmilitate the recognition of parenthoody law in cases with significant cross-border elements and to protect effectively children’s rights and the best interests of the child in cross-border situations.
Amendment 132 #
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 cCourts orand 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. , when deciding on the non- compliance of foreign law provisions with national public policy, should in particular take into account the issue of their possible non-compliance with the Charter, in particular with its Art. 21 prohibiting discrimination (including discrimination between men and women), Article. 3. (c), prohibiting the use of the human body and its individual parts as a source of profit, Article 5 (3) prohibiting trafficking in human beings.
Amendment 162 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1