BETA

Activities of Sophia IN 'T VELD 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)
2023/12/13
Dossiers: 2022/0402(CNS)

Shadow opinions (1)

OPINION on the 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
2023/10/10
Committee: LIBE
Dossiers: 2022/0402(CNS)
Documents: PDF(261 KB) DOC(139 KB)
Authors: [{'name': 'Malin BJÖRK', 'mepid': 124992}]

Amendments (13)

Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the existence, validity or recognition of a marriage or of a relationship deemed by the law applicable to such relationship to have comparable effects, such as a registered partnership;deleted
2023/07/25
Committee: LIBE
Amendment 192 #
Proposal for a regulation
Article 3 – paragraph 2 – point h
(h) nationality;deleted
2023/07/25
Committee: LIBE
Amendment 193 #
Proposal for a regulation
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.deleted
2023/07/25
Committee: LIBE
Amendment 245 #
Proposal for a regulation
Article 22
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. 2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.Article 22 deleted Public policy (ordre public)
2023/07/25
Committee: LIBE
Amendment 282 #
Proposal for a regulation
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.deleted
2023/07/25
Committee: LIBE
Amendment 302 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interests;deleted
2023/07/25
Committee: LIBE
Amendment 314 #
Proposal for a regulation
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
2023/07/25
Committee: LIBE
Amendment 321 #
Proposal for a regulation
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
2023/07/25
Committee: LIBE
Amendment 325 #
Proposal for a regulation
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.deleted
2023/07/25
Committee: LIBE
Amendment 346 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
The issuing authority shall issue the Certificate without delay and not later than 10 days following receipt of the request 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.
2023/07/25
Committee: LIBE
Amendment 352 #
Proposal for a regulation
Article 52 – paragraph 1 – point h
(h) details concerning eachthe parent(s): surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
2023/07/25
Committee: LIBE
Amendment 378 #
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
2023/07/25
Committee: LIBE
Amendment 384 #
Proposal for a regulation
Article 70 – paragraph 1
1. By [52 years from date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of any practical problems encountered, supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal, including considering on the legal basis of Article 21(2) TFEU.
2023/07/25
Committee: LIBE