Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI | LÓPEZ-ISTÚRIZ WHITE Antonio (PPE-DE) | |
| Opinion | LIBE | GACEK Urszula (PPE-DE) |
Legal Basis RoP 042
Activites
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2008/12/18
Text adopted by Parliament, single reading
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T6-0638/2008
summary
The European Parliament adopted, by 493 votes to 6 with 23 abstentions, a resolution on the legal protection of adults. The own-initiative report had been tabled for consideration in plenary by Antonio LÓPEZ-ISTÚRIZ WHITE (EPP-ED, ES) on behalf of the Committee on Legal Affairs. Concerned about the need to guarantee an effective European area of civil justice, not least as regards the recognition and enforcement of judicial decisions, Parliament made a series of recommendations to the Commission on the cross-border implications of the legal protection of adults. Parliament stresses that work and consultations have been conducted in that context on decisions concerning family property issues, successions and wills, with a view to drawing up new legislative proposals. It requests the Commission, as soon as sufficient experience of the operation of the Hague Convention has been acquired, to submit to Parliament, on the basis of Article 65 of the EC Treaty, a legislative proposal on strengthening cooperation between Member States and improving the recognition and enforcement of decisions on the protection of adults and incapacity mandates and lasting powers of attorney. This proposal should be based on the following principles and aims: promote the recognition and enforcement of legal or administrative decisions regarding persons who are the subject of protection measures; provisions to help achieve the goal of establishing an area of justice, freedom and security by facilitating the recognition and enforcement of decisions granting a protection measure, determination of the law to be applied and cooperation between the central authorities; specific and appropriate measures for cooperation between the Member States should be implemented, drawing on the instruments available under the Hague Convention; single Community forms to promote information on protection decisions and the circulation, recognition and enforcement of those decisions; single Community form created at European Union level in the case of incapacity mandates, in order to ensure their effectiveness in all the Member States. Other measures: the Commission is asked to: monitor experience with the application of the Hague Convention and its implementation in the Member States, and to submit to Parliament and the Council in due course a report summarising the problems and best practices in its practical application and containing, if necessary, proposals for Community provisions supplementing or specifying the manner in which the Convention is to be applied; assess the option of the accession of the Community to the Hague Convention; finance a study to compare Member States' legislation on vulnerable adults and protection measures with a view to ascertaining where legal issues could arise and what measures would be needed at EU or Member State level to resolve any such issues; considers that the study should also address the issue of institutionalised adults with intellectual disabilities as regards their guardianship and their ability to exercise their legal rights. Member States are called upon to ensure that protective measures are proportionate to the state of the vulnerable adults in question, so that individual EU citizens are not denied a legal right when they still have the ability to exercise that right; take measures to protect vulnerable adults from becoming victims of identity theft or fraud or other telephone or cyber-crimes, including legal measures to enhance the protection of and/or limit access to a vulnerable adult's personal data. Lastly, Parliament supports the creation of secure mechanisms, subject to robust rules for the protection of personal data and rules on the limitation of access, for the sharing of best practices and other information regarding protective measures currently in force between Member States, including the possibility of Member States' judicial systems sharing information as to the protection status of a vulnerable adult.
- Results of vote in Parliament
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T6-0638/2008
summary
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2008/12/18
Commission response to text adopted in plenary
- SP(2009)988
- DG Employment, Social Affairs and Inclusion, ŠPIDLA Vladimír
- 2008/11/24 Committee report tabled for plenary, single reading
- 2008/11/24 Committee report tabled for plenary, single reading
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2008/11/17
Vote in committee, 1st reading/single reading
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2008/10/24
Resolution/conclusions adopted by Council
- #2899
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2008/10/24
Council Meeting
- 2008/09/19 Committee draft report
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2008/05/22
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee draft report: PE412.250
- Committee report tabled for plenary, single reading: A6-0460/2008
- Committee report tabled for plenary, single reading: A6-0460/2008
- Decision by Parliament, 1st reading/single reading: T6-0638/2008
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2009)988
| Amendments | Dossier |
| 23 |
2008/2123(INI)
2008/10/16
JURI
14 amendments...
Amendment 1 #
Motion for a resolution Citation 3 a (new) – having regard to the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006,
Amendment 10 #
Motion for a resolution Paragraph 1 1. Requests the Commission to submit to Parliament, on the basis of Article 65 of the EC Treaty, a legislative proposal on strengthening cooperation between Member States and improving the recognition and enforcement of
Amendment 11 #
Motion for a resolution Paragraph 1 1. Requests the Commission to submit to Parliament, on the basis of Article 65 of the EC Treaty, a legislative proposal on strengthening cooperation between Member States and improving the recognition and enforcement of decisions on the protection of adults
Amendment 12 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on Member States and the Commission to develop national and cross-border legal measures to promote the development of supported decision- making in favour of vulnerable adults in the place of legal incapacity and/or the surrendering of decision-making rights to a guardian; calls for the development of training measures for service providers, lawyers, judges, social assistants and families; calls for the establishment of safeguards and regular review mechanisms;
Amendment 13 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Commission to monitor experience with the application of the Convention with a view to submitting to the Council and the European Parliament in due course a report which may, if necessary, contain proposals for Community provisions supplementing or specifying the Hague Convention;
Amendment 14 #
Motion for a resolution Paragraph 1 b (new) 1b. In the light of the conclusions of the Council and the European Parliament, calls on the Commission to consider the possibility of future reflection on the possible introduction of additional measures or instruments at Community level;
Amendment 2 #
Motion for a resolution Citation 3 b (new) – having regard to the proposal for a Council decision concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (COM(2008)0530),
Amendment 3 #
Motion for a resolution Recital D a (new) Da. whereas a move from substitute decision-making by legal guardians to supported decision-making of elderly people and people with disabilities, with high dependency needs and with mental, intellectual and psychosocial disabilities is necessary in order to ensure their full rights and dignity in compliance with international provisions,
Amendment 4 #
Motion for a resolution Recital G a (new) Ga. whereas the provisions of the UN Convention on the Rights of Persons with Disabilities need to be borne in mind,
Amendment 5 #
Motion for a resolution Recital J Amendment 6 #
Motion for a resolution Recital K Amendment 7 #
Motion for a resolution Recital K K. whereas a single Community form could be created at European Union level in the case of
Amendment 8 #
Motion for a resolution Recital K a (new) Ka. whereas mechanisms could be introduced for the easy recognition, registration and use of lasting powers of attorney throughout the European Union,
Amendment 9 #
Motion for a resolution Paragraph 1 1.
source: PE-414.353
2008/10/22
LIBE
9 amendments...
Amendment 1 #
Draft opinion Recital A Amendment 2 #
Draft opinion Recital A a (new) Aa. whereas a move from substitute decision-making by legal guardians to supported decision-making by vulnerable adults themselves can, in some cases, help to prevent the dehumanisation of vulnerable adults and prevent conflict, and ensure respect for the dignity of vulnerable adults,
Amendment 3 #
Draft opinion Recital B Amendment 4 #
Draft opinion Recital B a (new) Ba. whereas situations have developed in which cases involving legal protection concern two or more Member States and concern EU Member States and non-EU States, in particular because of traditional migration flows (former colonies, the United States and Canada);
Amendment 5 #
Draft opinion Recital C a (new) Ca. whereas problems have arisen because of the increasing movement between Member States where there is a net outflow of retired people, including vulnerable adults, and those Member States where there is a net inflow of retired individuals.
Amendment 6 #
Draft opinion Recital D a (new) Da. whereas the need for and the principles governing the legal protection of vulnerable adults were agreed by all Member States in the Council of Europe's Recommendation No. R (99) 4 of the Committee of Ministers to Member States on Principles concerning the Legal Protection of Incapable Adults, adopted on 23 February 1999,
Amendment 7 #
Draft opinion Recital E a (new) Ea. whereas the legal protection of vulnerable adults must be a pillar of the right of free movement of persons,
Amendment 8 #
Draft opinion Paragraph -1 (new) Amendment 9 #
Draft opinion Paragraph 5 5. Requests that the Commission finances a study to compare Member States' legislation on vulnerable adults and protection measures to confirm where legal issues could occur, and what measures would be needed at the EU or Member States level to solve any such issues; the study should also address the issue of institutionalised adults with intellectual disabilities as regards their guardianship and the possibility for them to exercise their legal rights; calls on the Commission to organise a series of conferences for legal professionals directly involved in such cases and to take into account the results of the study, opinion of professionals in future legislation.
source: PE-414.351
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