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2011/0443(NLE) Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Andorra

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI HAUTALA Heidi (icon: Verts/ALE Verts/ALE) ZWIEFKA Tadeusz (icon: PPE PPE), HONEYBALL Mary (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR), CAVADA Jean-Marie (icon: ALDE ALDE)
Former Responsible Committee JURI
Former Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 081-p3, TFEU 218

Events

2015/06/30
   Final act published in Official Journal
Details

PURPOSE: to accept, in the interests of the EU, the accession of Andorra to the Hague Convention of 25 October 1980 on civil aspects of international child abduction.

NON-LEGISLATIVE ACT : Council Decision (EU) 2015/1023 authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

CONTENT: under this Decision, the Member States that have not yet done so are authorised to accept the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the Union . The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

All Member States of the Union are party to the 1980 Hague Convention . The Union encourages third states to accede to the 1980 Hague Convention and supports its correct implementation.

Andorra deposited its instrument of accession to the 1980 Hague Convention on 6 April 2011. That Convention entered into force for Andorra on 1 July 2011. Several Member States have already accepted the accession of Andorra to the 1980 Hague Convention. An assessment of the situation in Andorra has led to the conclusion that those Member States that have not yet accepted the accession of Andorra, are in a position to accept, in the interest of the Union, the accession of Andorra under the terms of the 1980 Hague Convention. Belgium, the Czech Republic, Germany, Estonia, Ireland, Spain, France, Italy, Latvia, Lithuania, Slovakia and Finland which have already accepted the accession of Andorra to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

To recall, the EU adopted Council Regulation (EC) No 2201/2003 (‘Brussels IIa Regulation’), which complements and reinforces the 1980 Hague Convention. The latter establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of the Decision.

However, Denmark is not taking part in it and is not bound by it or subject to its application.

ENTRY INTO FORCE : 1.7.2015.

Documents
Decision 2015/1023
OJ L 163 30.06.2015, p. 0029
2015/06/15
   EP/CSL - Act adopted by Council after consultation of Parliament
2015/06/15
   EP - End of procedure in Parliament
2015/06/15
   CSL - Council Meeting
2015/02/11
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2015/02/11
   EP - Decision by Parliament
Details

The European Parliament adopted by 660 votes to 46, with 2 abstentions, a legislative resolution on the proposal for a Council decision on the declaration of acceptance by the Member States, in the interest of the European Union, of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Parliament approved the proposal for a Council decision and the acceptance of the accession.

Documents
T8-0021/2015
2015/02/10
   EP - Debate in Parliament
Documents
Debate in Parliament
2015/01/22
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by Heidi HAUTALA (Greens/EFA, FI) on the proposal for a Council decision on the declaration of acceptance by the Member States, in the interest of the European Union, of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The Convention introduces a system of cooperation between the contracting states aimed at settling cases of international child abduction.

In the case of divorce, it may often be that the courts in both of the states concerned declare themselves competent, with each of them awarding custody of the child to the parent who is a national of their state.

The purpose of the Convention is to resolve such situations at an international level, by establishing that the competent courts and applicable laws are those of the state of residence of the child . The Convention also introduces a system which ensures the immediate return of children who have been abducted .

The EU now has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13. The Member States therefore no longer act on their own account.

The problem is that the Convention does not provide for autonomous action by international organisations. This has rendered necessary a Council Decision calling on Member States to accept – each in respect of their own territory – the accession of Andorra to the Convention, and hence the effective entry into force of the Convention in cases involving the EU and that country (many EU citizens are of Andorran origin). Children with links to the Andorran community will thus be safeguarded against abduction.

Therefore, the committee recommended that the European Parliament approve the proposed Council Decision and approve the acceptance of the accession of Andorra.

Documents
A8-0004/2015
2015/01/20
   EP - Vote in committee
2014/12/08
   EP - Amendments tabled in committee
Documents
PE544.326
2014/11/24
   EP - Committee referral announced in Parliament
2014/11/04
   EP - Committee draft report
Documents
PE541.446
2014/09/03
   EP - HAUTALA Heidi (Verts/ALE) appointed as rapporteur in JURI
2011/12/21
   EC - Legislative proposal
Details

PURPOSE: to adopt, in the interest of the EU, a declaration of acceptance by the Member States of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

PROPOSED ACT: Council Decision.

BACKGROUND: the aim of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, to date ratified by 86 countries, including all EU Member States, is to restore the status quo by mean of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.

As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it. Andorra deposited the accession instrument to the 1980 Convention on 6 April 2011. The Convention entered into force in Andorra on 1 July 2011.

Article 38(4) of the 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession. Therefore, the EU has to decide whether to accept the accession of Andorra, and if so, Member States must make the declaration of acceptance concerning Gabon's accession in the interest of the European Union.

This is the purpose of the proposal.

The decision whether the Member States should accept Andorra’s accession to the 1980 Convention has to be taken by means of a Council Decision, adopted unanimously after consulting the European Parliament.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 218 and 81(3) TFEU.

CONTENT: the Commission proposes that Member States deposit simultaneously, and no later than two months from the date of adoption, a declaration of acceptance of the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the European Union.

Exclusive external competence of the EU : in accordance with the jurisprudence of the Court of Justice, the matter of international child abduction falls into the exclusive external competence of the EU, because of the adoption of internal Union legislation by means of Council Regulation (EC) No 2201/2003 of concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (the Brussels IIa Regulation), which applies between Member States from 1 March 2005. The Regulation introduces even stricter rules than the 1980 Hague Convention on parental child abduction, particularly in Article 11 of the Regulation. It refers directly to the Hague Convention and upholds its principles in European Union law.

Simultaneous adoption : the 1980 Convention was adopted more than 20 years before the Brussels IIa Regulation and thus does not contain any provision allowing the accession of International Organisations like the European Union . Member States have to ratify or accede to the Convention in the interest of the European Union.

Therefore, the Member States should declare, in the interest of the European Union, the acceptance regarding Andorra’s accession to the 1980 Hague Convention. For the sake of coherence and uniformity of Union law, Member States should make this declaration of acceptance simultaneously within a time frame established by the Council Decision. The Commission proposes no later than 2 months after the adoption of the Council Decision.

Central authority : it is crucial for the practical application of the 1980 Convention that a Contracting Party designates a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. All Member States have designated Central Authorities under the 1980 Convention. Andorra has also designated the Central Authority that is needed to assist the European citizens in cases of wrongful removal of children to Andorra.

Territorial provisions : in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

BUDGETARY IMPLICATIONS: the proposal has no implication for the European Union budget.

Documents
COM(2011)0908
EUR-Lex
2011/12/21
   EC - Legislative proposal published
Details

PURPOSE: to adopt, in the interest of the EU, a declaration of acceptance by the Member States of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

PROPOSED ACT: Council Decision.

BACKGROUND: the aim of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, to date ratified by 86 countries, including all EU Member States, is to restore the status quo by mean of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties.

As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it. Andorra deposited the accession instrument to the 1980 Convention on 6 April 2011. The Convention entered into force in Andorra on 1 July 2011.

Article 38(4) of the 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession. Therefore, the EU has to decide whether to accept the accession of Andorra, and if so, Member States must make the declaration of acceptance concerning Gabon's accession in the interest of the European Union.

This is the purpose of the proposal.

The decision whether the Member States should accept Andorra’s accession to the 1980 Convention has to be taken by means of a Council Decision, adopted unanimously after consulting the European Parliament.

IMPACT ASSESSMENT: no impact assessment has been undertaken.

LEGAL BASIS: Article 218 and 81(3) TFEU.

CONTENT: the Commission proposes that Member States deposit simultaneously, and no later than two months from the date of adoption, a declaration of acceptance of the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the European Union.

Exclusive external competence of the EU : in accordance with the jurisprudence of the Court of Justice, the matter of international child abduction falls into the exclusive external competence of the EU, because of the adoption of internal Union legislation by means of Council Regulation (EC) No 2201/2003 of concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (the Brussels IIa Regulation), which applies between Member States from 1 March 2005. The Regulation introduces even stricter rules than the 1980 Hague Convention on parental child abduction, particularly in Article 11 of the Regulation. It refers directly to the Hague Convention and upholds its principles in European Union law.

Simultaneous adoption : the 1980 Convention was adopted more than 20 years before the Brussels IIa Regulation and thus does not contain any provision allowing the accession of International Organisations like the European Union . Member States have to ratify or accede to the Convention in the interest of the European Union.

Therefore, the Member States should declare, in the interest of the European Union, the acceptance regarding Andorra’s accession to the 1980 Hague Convention. For the sake of coherence and uniformity of Union law, Member States should make this declaration of acceptance simultaneously within a time frame established by the Council Decision. The Commission proposes no later than 2 months after the adoption of the Council Decision.

Central authority : it is crucial for the practical application of the 1980 Convention that a Contracting Party designates a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. All Member States have designated Central Authorities under the 1980 Convention. Andorra has also designated the Central Authority that is needed to assist the European citizens in cases of wrongful removal of children to Andorra.

Territorial provisions : in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

BUDGETARY IMPLICATIONS: the proposal has no implication for the European Union budget.

Documents
COM(2011)0908
EUR-Lex

Documents

Activities

Votes

A8-0004/2015 - Heidi Hautala - Vote unique #

2015/02/11 Outcome: +: 660, -: 46, 0: 2
DE IT ES PL RO GB FR CZ PT HU EL BE AT NL BG SE FI DK HR SK LT IE LV SI LU EE CY MT
Total
91
66
50
48
32
69
69
21
21
21
20
20
18
23
16
19
12
12
11
11
10
10
8
7
6
6
6
4
icon: PPE PPE
211

Germany PPE

34

Italy PPE

16

Spain PPE

15

Poland PPE

22

Romania PPE

13

France PPE

18

Czechia PPE

7

Portugal PPE

7

Hungary PPE

12

Greece PPE

5

Belgium PPE

4

Austria PPE

5

Netherlands PPE

5

Bulgaria PPE

7

Sweden PPE

4

Finland PPE

3

Denmark PPE

For (1)

Bendt BENDTSEN
1

Croatia PPE

5

Slovakia PPE

5

Lithuania PPE

2

Ireland PPE

4

Latvia PPE

4

Slovenia PPE

5

Luxembourg PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Cyprus PPE

2

Malta PPE

2
icon: S&D S&D
179

Germany S&D

25

Italy S&D

26

Spain S&D

13

Poland S&D

5

Romania S&D

16

United Kingdom S&D

21

France S&D

13

Czechia S&D

4

Portugal S&D

8

Hungary S&D

4

Greece S&D

4

Belgium S&D

4

Austria S&D

5

Netherlands S&D

2

Bulgaria S&D

4

Sweden S&D

5

Finland S&D

2

Denmark S&D

3

Croatia S&D

2

Slovakia S&D

3

Lithuania S&D

2

Ireland S&D

For (1)

Nessa CHILDERS
1

Latvia S&D

1

Luxembourg S&D

For (1)

Mady DELVAUX
1

Estonia S&D

For (1)

Marju LAURISTIN
1

Cyprus S&D

2

Malta S&D

2
icon: ECR ECR
68

Germany ECR

8

Poland ECR

18

United Kingdom ECR

21

Czechia ECR

2

Greece ECR

For (1)

Notis MARIAS
1

Belgium ECR

4

Netherlands ECR

For (1)

Peter van DALEN
1

Bulgaria ECR

1

Finland ECR

2

Denmark ECR

4

Croatia ECR

For (1)

Ruža TOMAŠIĆ
1

Slovakia ECR

3

Lithuania ECR

1

Latvia ECR

For (1)

Roberts ZĪLE
1
icon: ALDE ALDE
61

Germany ALDE

3

Spain ALDE

7

Romania ALDE

3

United Kingdom ALDE

1

France ALDE

6

Czechia ALDE

4

Portugal ALDE

2

Belgium ALDE

5

Austria ALDE

For (1)

Angelika MLINAR
1

Netherlands ALDE

7

Bulgaria ALDE

4

Sweden ALDE

3

Finland ALDE

3

Denmark ALDE

2

Croatia ALDE

2

Lithuania ALDE

2

Ireland ALDE

For (1)

Marian HARKIN
1

Slovenia ALDE

For (1)

Ivo VAJGL
1

Luxembourg ALDE

For (1)

Charles GOERENS
1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
48

Germany GUE/NGL

7

Italy GUE/NGL

3

Spain GUE/NGL

11

United Kingdom GUE/NGL

1

France GUE/NGL

2

Czechia GUE/NGL

3

Portugal GUE/NGL

4

Greece GUE/NGL

5

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

Malin BJÖRK
1

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Ireland GUE/NGL

4

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
48

Germany Verts/ALE

12

Spain Verts/ALE

4

United Kingdom Verts/ALE

5

France Verts/ALE

6

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Sweden Verts/ALE

4

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Estonia Verts/ALE

For (1)

Indrek TARAND
1
icon: EFDD EFDD
42

Italy EFDD

16

Poland EFDD

1

United Kingdom EFDD

19

France EFDD

1

Czechia EFDD

For (1)

Petr MACH
1

Sweden EFDD

2

Lithuania EFDD

2
icon: NI NI
50

Germany NI

2

Italy NI

5

Poland NI

2

United Kingdom NI

For (1)

Diane DODDS
1

France NI

Abstain (1)

Marine LE PEN
23

Hungary NI

3

Greece NI

5

Belgium NI

Abstain (1)

Gerolf ANNEMANS
1

Austria NI

4

Netherlands NI

3

Latvia NI

1
AmendmentsDossier
1 2011/0443(NLE)
2014/12/08 JURI 1 amendments...
source: 544.326

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (4) Changes | Timetravel
committees/1/rapporteur
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2021-12-18Show (12) Changes | Timetravel
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2020-01-19Show (4) Changes | Timetravel
committees/0
type
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2019-07-06Show (15) Changes | Timetravel
activities
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  • date: 2015-01-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: ZWIEFKA Tadeusz group: S&D name: HONEYBALL Mary group: ECR name: DZHAMBAZKI Angel group: ALDE name: CAVADA Jean-Marie responsible: True committee: JURI date: 2014-09-03T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi body: EP responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0004&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0004/2015 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: EPP name: ZWIEFKA Tadeusz group: S&D name: HONEYBALL Mary group: ECR name: DZHAMBAZKI Angel group: ALDE name: CAVADA Jean-Marie responsible: True committee: JURI date: 2014-09-03T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi body: EP responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2015-01-22T00:00:00
  • date: 2015-02-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20150210&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
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  • date: 2015-06-15T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3396
  • date: 2015-06-15T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2015-06-15T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2015-06-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015D1023 title: Decision 2015/1023 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:163:TOC title: OJ L 163 30.06.2015, p. 0029
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  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3396 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3396*&MEET_DATE=15/06/2015 date: 2015-06-15T00:00:00
docs
  • date: 2014-11-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE541.446 title: PE541.446 type: Committee draft report body: EP
  • date: 2014-12-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE544.326 title: PE544.326 type: Amendments tabled in committee body: EP
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  • date: 2011-12-21T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0908/COM_COM(2011)0908_EN.pdf title: COM(2011)0908 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=908 title: EUR-Lex summary: PURPOSE: to adopt, in the interest of the EU, a declaration of acceptance by the Member States of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. PROPOSED ACT: Council Decision. BACKGROUND: the aim of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, to date ratified by 86 countries, including all EU Member States, is to restore the status quo by mean of the prompt return of wrongfully removed or retained children through a system of cooperation among central authorities appointed by its Contracting Parties. As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Convention and encourages third States to accede it. Andorra deposited the accession instrument to the 1980 Convention on 6 April 2011. The Convention entered into force in Andorra on 1 July 2011. Article 38(4) of the 1980 Convention stipulates that the Convention applies between the acceding country and such Contracting States as will have declared their acceptance of the accession. Therefore, the EU has to decide whether to accept the accession of Andorra, and if so, Member States must make the declaration of acceptance concerning Gabon's accession in the interest of the European Union. This is the purpose of the proposal. The decision whether the Member States should accept Andorra’s accession to the 1980 Convention has to be taken by means of a Council Decision, adopted unanimously after consulting the European Parliament. IMPACT ASSESSMENT: no impact assessment has been undertaken. LEGAL BASIS: Article 218 and 81(3) TFEU. CONTENT: the Commission proposes that Member States deposit simultaneously, and no later than two months from the date of adoption, a declaration of acceptance of the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the European Union. Exclusive external competence of the EU : in accordance with the jurisprudence of the Court of Justice, the matter of international child abduction falls into the exclusive external competence of the EU, because of the adoption of internal Union legislation by means of Council Regulation (EC) No 2201/2003 of concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (the Brussels IIa Regulation), which applies between Member States from 1 March 2005. The Regulation introduces even stricter rules than the 1980 Hague Convention on parental child abduction, particularly in Article 11 of the Regulation. It refers directly to the Hague Convention and upholds its principles in European Union law. Simultaneous adoption : the 1980 Convention was adopted more than 20 years before the Brussels IIa Regulation and thus does not contain any provision allowing the accession of International Organisations like the European Union . Member States have to ratify or accede to the Convention in the interest of the European Union. Therefore, the Member States should declare, in the interest of the European Union, the acceptance regarding Andorra’s accession to the 1980 Hague Convention. For the sake of coherence and uniformity of Union law, Member States should make this declaration of acceptance simultaneously within a time frame established by the Council Decision. The Commission proposes no later than 2 months after the adoption of the Council Decision. Central authority : it is crucial for the practical application of the 1980 Convention that a Contracting Party designates a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. All Member States have designated Central Authorities under the 1980 Convention. Andorra has also designated the Central Authority that is needed to assist the European citizens in cases of wrongful removal of children to Andorra. Territorial provisions : in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. BUDGETARY IMPLICATIONS: the proposal has no implication for the European Union budget.
  • date: 2014-11-24T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2015-01-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-01-22T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0004&language=EN title: A8-0004/2015 summary: The Committee on Legal Affairs adopted the report by Heidi HAUTALA (Greens/EFA, FI) on the proposal for a Council decision on the declaration of acceptance by the Member States, in the interest of the European Union, of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention introduces a system of cooperation between the contracting states aimed at settling cases of international child abduction. In the case of divorce, it may often be that the courts in both of the states concerned declare themselves competent, with each of them awarding custody of the child to the parent who is a national of their state. The purpose of the Convention is to resolve such situations at an international level, by establishing that the competent courts and applicable laws are those of the state of residence of the child . The Convention also introduces a system which ensures the immediate return of children who have been abducted . The EU now has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13. The Member States therefore no longer act on their own account. The problem is that the Convention does not provide for autonomous action by international organisations. This has rendered necessary a Council Decision calling on Member States to accept – each in respect of their own territory – the accession of Andorra to the Convention, and hence the effective entry into force of the Convention in cases involving the EU and that country (many EU citizens are of Andorran origin). Children with links to the Andorran community will thus be safeguarded against abduction. Therefore, the committee recommended that the European Parliament approve the proposed Council Decision and approve the acceptance of the accession of Andorra.
  • date: 2015-02-10T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20150210&type=CRE title: Debate in Parliament
  • date: 2015-02-11T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25219&l=en title: Results of vote in Parliament
  • date: 2015-02-11T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0021 title: T8-0021/2015 summary: The European Parliament adopted by 660 votes to 46, with 2 abstentions, a legislative resolution on the proposal for a Council decision on the declaration of acceptance by the Member States, in the interest of the European Union, of the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Parliament approved the proposal for a Council decision and the acceptance of the accession.
  • date: 2015-06-15T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2015-06-15T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2015-06-30T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to accept, in the interests of the EU, the accession of Andorra to the Hague Convention of 25 October 1980 on civil aspects of international child abduction. NON-LEGISLATIVE ACT : Council Decision (EU) 2015/1023 authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. CONTENT: under this Decision, the Member States that have not yet done so are authorised to accept the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the Union . The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. All Member States of the Union are party to the 1980 Hague Convention . The Union encourages third states to accede to the 1980 Hague Convention and supports its correct implementation. Andorra deposited its instrument of accession to the 1980 Hague Convention on 6 April 2011. That Convention entered into force for Andorra on 1 July 2011. Several Member States have already accepted the accession of Andorra to the 1980 Hague Convention. An assessment of the situation in Andorra has led to the conclusion that those Member States that have not yet accepted the accession of Andorra, are in a position to accept, in the interest of the Union, the accession of Andorra under the terms of the 1980 Hague Convention. Belgium, the Czech Republic, Germany, Estonia, Ireland, Spain, France, Italy, Latvia, Lithuania, Slovakia and Finland which have already accepted the accession of Andorra to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. To recall, the EU adopted Council Regulation (EC) No 2201/2003 (‘Brussels IIa Regulation’), which complements and reinforces the 1980 Hague Convention. The latter establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of the Decision. However, Denmark is not taking part in it and is not bound by it or subject to its application. ENTRY INTO FORCE : 1.7.2015. docs: title: Decision 2015/1023 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015D1023 title: OJ L 163 30.06.2015, p. 0029 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:163:TOC
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  • 4.10.03 Child protection, children's rights
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Hague Convention 1980 on the Civil Aspects of International Child Abduction: accession of Andorra
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Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Andorra
2015-11-04Show (1) Changes | Timetravel
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2015-11-04Show (4) Changes | Timetravel
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  • PURPOSE: to accept, in the interests of the EU, the accession of Andorra to the Hague Convention of 25 October 1980 on civil aspects of international child abduction.

    NON-LEGISLATIVE ACT : Council Decision (EU) 2015/1023 authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    CONTENT: under this Decision, the Member States that have not yet done so are authorised to accept the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the Union. The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

    All Member States of the Union are party to the 1980 Hague Convention. The Union encourages third states to accede to the 1980 Hague Convention and supports its correct implementation.

    Andorra deposited its instrument of accession to the 1980 Hague Convention on 6 April 2011. That Convention entered into force for Andorra on 1 July 2011. Several Member States have already accepted the accession of Andorra to the 1980 Hague Convention. An assessment of the situation in Andorra has led to the conclusion that those Member States that have not yet accepted the accession of Andorra, are in a position to accept, in the interest of the Union, the accession of Andorra under the terms of the 1980 Hague Convention. Belgium, the Czech Republic, Germany, Estonia, Ireland, Spain, France, Italy, Latvia, Lithuania, Slovakia and Finland which have already accepted the accession of Andorra to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

    To recall, the EU adopted Council Regulation (EC) No 2201/2003 (‘Brussels IIa Regulation’), which complements and reinforces the 1980 Hague Convention. The latter establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

    The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of the Decision.

    However, Denmark is not taking part in it and is not bound by it or subject to its application.

    ENTRY INTO FORCE : 1.7.2015.
2015-07-15Show (3) Changes | Timetravel
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2015-06-30T00:00:00
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2015-07-14Show (1) Changes | Timetravel
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2015-07-09Show (1) Changes | Timetravel
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2015-06-29Show (1) Changes | Timetravel
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2015-05-30Show (1) Changes | Timetravel
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2014-12-11Show (2) Changes | Timetravel
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2014-11-21Show (1) Changes | Timetravel
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2014-11-09Show (5) Changes
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  • date: 2011-12-21T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0908/COM_COM(2011)0908_EN.pdf celexid: CELEX:52011PC0908:EN type: Legislative proposal published title: COM(2011)0908 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane
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  • body: EP responsible: True committee: JURI date: 2012-01-25T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
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Hague Convention 1980 on the Civil Aspects of International Child Abduction: accession of Andorra
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