2015/2085(INL) | [ParlTrack]

Motion for a resolution
Citation 2 a (new)

– having regard to the Charter of Fundamental Rights of the European Union, and more particularly Article 3 thereof which guarantees everyone the right to physical and mental integrity, and Article 21 thereof on non-discrimination;

Amendment 10 #

Motion for a resolution
Recital B

B. whereas the protection of vulnerable adults is a cross-border issue and therefore concerns all Member States; whereas this issue ~~is symbolic~~demonstrates the importance of the role which the Union and its Parliament must play in responding to the problems and difficulties which European citizens encounter in the exercise of their rights;

Amendment 100 #

Motion for a resolution
Annex – part A – paragraph 9

9. Foster consultation and coordination among the Member States if the enforcement of a decision proposed by the authorities of a Member State could have logistical and financial implications for another mMember State, so that the Member States concerned can reach agreement on the sharing of the costs associated with the protection measure. The consultation and coordination should always be conducted in a manner consistent with the interests of the vulnerable adult concerned and respect for his or her fundamental rights. The authorities concerned could submit proposals for alternative measures to the competent administrative or judicial authority, on the understanding that the final decision would rest with the authority in question.

Amendment 101 #

Motion for a resolution
Annex – Part A – paragraph 10

10. Introduce single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned, and the circulation, recognition and enforcement of mandates in those Member States which recognise incapacity mandates.

Amendment 102 #

Motion for a resolution
Annex – part A – paragraph 10

10. Introduce single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned, well-informed consent for which shall be verified by the relevant authorities, and the circulation, recognition and enforcement of mandates.

Amendment 103 #

Motion for a resolution
Annex – Part B – paragraph 1

1. ~~Calls on~~Invites the Commission to submit to Parliament and the Council, before 31 March 2018, pursuant to Article 81(2) of the Treaty on the Functioning of the European Union, a proposal ~~for a regulation~~ designed to improve cooperation among the Member States and the ~~automatic~~ recognition and enforcement of decisions on the protection of vulnerable adults and mandates in anticipation of incapacity. where these are recognised in the Member States.

Amendment 11 #

Motion for a resolution
Recital C

C. whereas the legal protection of vulnerable adults is a human rights issue; whereas every vulnerable adult, like any European citizen, must be considered to be a holder of rights and capable of making free and informed decisions within the limits of his or her capacity, not simply a passive recipient of care and attention;

Amendment 12 #

Motion for a resolution
Recital C

C. whereas the legal protection of vulnerable adults is aclosely linked to respect for human rights ~~issue~~; whereas every vulnerable adult, like any European citizen, must be considered to be a holder of rights and capable of making free and informed decisions within the limits of his or her capacity, not simply a passive recipient of care and attention;

Amendment 13 #

Motion for a resolution
Recital C

C. whereas the legal protection of vulnerable adults is a human rights issue; whereas every vulnerable adult, like any European citizen, must be considered to be a holder of rights and capable of making free, independent and informed decisions within the limits of his or her capacity, not simply a passive recipient of care and attention;

Amendment 14 #

Motion for a resolution
Recital D

~~D. whereas the protection of vulnerable adults must not constitute an obstacle to the right of free movement of persons,~~deleted

Amendment 15 #

Motion for a resolution
Recital D

D. whereas the protection of vulnerable adults must not constitute an obstacle to the right of free movement of persons, but could in fact be a vehicle for better inclusion of categories of adults still excluded from the benefits of Community mobility, European citizenship and the internal market;

Amendment 16 #

Motion for a resolution
Recital D

D. whereas people’s vulnerability and the differing levels of regulation governing the protection of vulnerable adults in the Member States must not constitute an obstacles to the right of free movement of persons,;

Amendment 17 #

Motion for a resolution
Recital D

D. whereas the protection of vulnerable adults must not unjustifiably constitute an obstacle to the right of free movement of persons, where such protection is not an issue of public policy;

Amendment 18 #

Motion for a resolution
Recital E

E. whereas demographic change and increased life expectancy have led to an increase in the number of elderly people in Europe who can no longer protect their interests by reason of an impairment or inadequacy of their personal faculties; whereas other circumstances exist, such as mental and physical disabilities, in which an adult’s capacity to protect his or her interests can be affected;deleted

Amendment 19 #

Motion for a resolution
Recital E

E. whereas demographic change and increased life expectancy have led to an increase in the number of elderly people in Europe who ~~can no longer protect their interests~~ by reason of an impairment or in~~adequa~~sufficiency of their personal faculties~~; whereas other circumstances exist, such as mental and physical disabilities, in which an adult’s capacity~~ are not in a position to protect ~~his or~~ their interests ~~can be affected~~;

Amendment 2 #

Motion for a resolution
Recital A

Amendment 20 #

Motion for a resolution
Recital E a (new)

Ea. whereas a rapidly increasing life expectancy will have among other consequences an increasing number of vulnerable adults suffering from age- related illnesses;

Amendment 21 #

Motion for a resolution
Recital G

G. whereas differences exist between the Member States’ legal provisions concerning jurisdiction, applicable law and the recognition and enforcement of protection measures for adults, as a result of different requirements and situational offset; whereas the diversity of applicable laws and the multiplicity of competent jurisdictions m~~ay affect the right of~~ight impose administrative burdens for vulnerable adults to move freely and to reside in the Member State of their choice, better cooperation between the Member States should be encouraged, so as to eliminate excessive red tape disadvantaging vulnerable people;

Amendment 22 #

Motion for a resolution
Recital G

G. whereas differences exist between the Member States’ legal provisions concerning jurisdiction, applicable law and the recognition and enforcement of protection measures for adults; ~~whereas the diversity of applicable laws and the multiplicity of competent jurisdictions may affect the right of vulnerable adults to move freely and to reside in the Member State of their choice;~~

Amendment 23 #

Motion for a resolution
Recital G

G. whereas differences exist between the Member States’ legal provisions concerning jurisdiction, applicable law and the recognition and enforcement of protection measures for adults; whereas the diversity of applicable laws and the multiplicity of competent jurisdictions may affect the right of vulnerable adults to move freely and to reside in the Member State of their choice, as well as adequate protection for their property where such property is located in more than one country;

Amendment 24 #

Motion for a resolution
Recital G

G. whereas differences exist between the Member States’ legal provisions concerning among others jurisdiction, applicable law ands well as the recognition and enforcement of protection measures for adults; whereas the diversity of applicable laws and the multiplicity of competent jurisdictions may affect the right of vulnerable adults to move freely and to reside in the Member State of their choice;

Amendment 25 #

Motion for a resolution
Recital G

G. whereas differences exist between the Member States’ legal provisions concerning jurisdiction, applicable law and the recognition and enforcement of protection measures for adults; whereas the diversity of applicable laws and the multiplicity of competent jurisdictions may unjustifiably affect the right of vulnerable adults to move freely and to reside in the Member State of their choice;

Amendment 26 #

Motion for a resolution
Recital J

J. whereas the Hague Convention constitutes a particularly appropriate set of international legal rules to address cross- border problems concerning vulnerable adults; whereas, despite the time which has elapsed since the adoption of this Convention, few Member States have yet ratified it; whereas this delay in ratifying the Convention ~~is compromising~~continues to pose challenges for the protection of vulnerable adults in cross- border situations in the EU; whereas it is therefore essential, in the interests of efficiency~~, to act at EU level~~ for the Union to consider to act in order to guarantee the protection of vulnerable adults in cross- border situations;

Amendment 27 #

Motion for a resolution
Recital K

K. whereas a vulnerable adult is a person who has reached the age of 18 years and who, by reason of an impairment or insufficiency of his or her personal faculties, is not in a position to adequately protect his or her interests; this includes also a person who is impaired in the ability to adequately provide for his or her own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction;

Amendment 28 #

Motion for a resolution
Recital K

Amendment 29 #

Motion for a resolution
Recital L

L. whereas ‘protection measures’ should be taken to mean in particular the measures envisaged in Article 3 of the Hague Convention;

Amendment 3 #

Motion for a resolution
Recital A

A. whereas consideration should be A. given to the difficulties which the Union and its institutions are currently experiencing; whereas it is essential for the Union to move closer to its citizens and to address matters of direct concern to them, especially by expanding the action it takes in respect of new forms of marginalisation and exclusion;

Amendment 30 #

Motion for a resolution
Recital M

M. whereas ‘incapacity mandate’ should ~~be taken to mean~~indicate the powers of representation ~~granted~~(the person’s status and the corresponding powers) granted to a person by an adult with legal capacity by means of an agreement or unilateral act intended to enter into force when that person is no longer in a position to protect his or her interests;

Amendment 31 #

Motion for a resolution
Recital O

O. whereas when defining its policies the European Union must ~~comply with~~ensure that the principles of subsidiarity and proportionality are complied with;

Amendment 32 #

Motion for a resolution
Recital P

P. whereas Union action in the area of protection of vulnerable adults should seek principally to facilitate the circulation, recognition and enforcement by Member States’ authorities of protection measures for a vulnerable adult taken by the authorities of another Member State, including the dissemination and recognition of mandates, and to enhance communication and cooperation between Member States in this regard;

Amendment 33 #

Motion for a resolution
Recital P

P. whereas Union action in the area of protection of vulnerable adults should seek principally to ~~facilitat~~ensure the circulation, recognition and enforcement by Member States’ authorities of protection measures for a vulnerable adult taken by the authorities of another Member State, and to enhance communication and cooperation between Member States in this regard;

Amendment 34 #

Motion for a resolution
Recital Q

Q. whereas clear and precise information on national legislation concerning incapacity and protection of vulnerable adults should be made clearer and more accessible to citizens so that they can ~~obtain that information and~~ make informed decisions by themselves;

Amendment 35 #

Motion for a resolution
Recital R

R. whereas timely access by the various administrati~~ons~~ve and legal authorities concerned to information relating to the legal situation of adults subject to a protection measure or an incapacity mandate could improve and strengthen the protection of such persons;

Amendment 36 #

Motion for a resolution
Recital S

S. whereas the establishment in each Member State of files or registers listing administrative and judicial decisions prescribing protection measures for a vulnerable adult, as well as incapacity mandates, where such mandates are provided for in the national legislation, could be used to facilitate timely access by all administrati~~ons~~ve and legal and authorities concerned to information on the legal situation of vulnerable adults and to ensure greater legal certainty; whereas the confidentiality of such registers should be duly guaranteed, taking account of rules concerning the protection of privacy and personal data;

Amendment 37 #

Motion for a resolution
Recital S

S. whereas the establishment in each Member State of files or registers listing administrative and judicial decisions prescribing protection measures for a vulnerable adult, as well as incapacity mandates, where such measures and mandates are provided for in the national legislation, could be used to facilitate timely access by all administrations and authorities concerned to information on the legal situation of vulnerable adults and to ensure greater legal certainty; whereas the confidentiality of such registers should be duly guaranteed;

Amendment 38 #

Motion for a resolution
Recital T

T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States; whereas, notwithstanding the foregoing, ~~it may be necessary to establish grounds~~the national authorities would only be permitted on very restricted grounds, such as protection of public order in the requested state, to refuse to recogni~~tion in order to safeguard the public policy of the requested s~~se and enforce a protection measure taken by the authorities of another Member State;

Amendment 39 #

Motion for a resolution
Recital T

T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States~~; whereas, notwithstanding the foregoing, it may be necessary to establish grounds to refuse recognition in order to safeguard the public policy of the requested state~~, provided European Union legislation and national law are respected;

Amendment 4 #

Motion for a resolution
Recital A

A. whereas ~~consideration should be given to the difficulties which the Union and its institutions are currently experiencing; whereas it is essential for the Union to move closer to~~European citizens exercising their freedom of movement may require some specific protection of their legal rights when by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests; whereas it its ~~citizens and~~important for the Union to address matters of direct concern to them;

Amendment 40 #

Motion for a resolution
Recital T

T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States, without infringing upon, or undermining, national legislation; whereas, notwithstanding the foregoing, it may be necessary to establish grounds to refuse recognition in order to safeguard the public policy of the requested state;

Amendment 41 #

Motion for a resolution
Recital T

T. whereas protection measures taken by the authorities of one Member State should ~~automatically~~ be recognised in the other Member States~~; whereas, notwithstanding the foregoing, it may be necessary to establish grounds to refuse recognition in order to safeguard the public policy of the requested state~~ unless the Member State is required to recognise a protection measure which runs counter to its public policy;

Amendment 42 #

Motion for a resolution
Recital T

T. whereas protection measures taken by the authorities of one Member State should automatically be recognised in the other Member States; whereas, notwithstanding the foregoing, it may be necessary to establish duly circumscribed grounds to refuse recognition in order to safeguard the public policy of the requested state;

Amendment 43 #

Motion for a resolution
Recital U

U. whereas mechanisms could be introduced to facilitate the recognition, registration and use of mandates in anticipation of incapacity throughout the European Union; ~~whereas a single mandate in anticipation of incapacity form should be created at EU level in order to ensure that such mandates are effective in all the Member States;~~

Amendment 44 #

Motion for a resolution
Recital U

U. whereas mechanisms could be introduced to facilitate the recognition, registration and use of mandates in anticipation of incapacity ~~throughout the European Union~~between those Member States that recognise incapacity mandates; whereas a single mandate in anticipation of incapacity form should be created at EU level in order to ~~ensur~~facilitate that such mandates are effective ~~in all~~ly recognized and enforced in these Member States;

Amendment 45 #

Motion for a resolution
Recital U

U. whereas effective mechanisms could be introduced to ~~facilitat~~ensure the recognition, registration and use of mandates in anticipation of incapacity throughout the European Union; whereas a single mandate in anticipation of incapacity form should be created at EU level in order to ensure that such mandates are effective in all the Member States;

Amendment 46 #

Motion for a resolution
Recital V

V. ~~whereas single EU forms could be introduced to foster the provision of information on protection decisions and the circulation, recognition and enforcement of those decisions;~~ whereas any person who is given responsibility for protecting the person or the property of a vulnerable adult should have the right to be issued with a certificate specifying his or her status and the powers which have been conferred on him or her; whereas this certificate should be issued at his or her request within a reasonable period;

Amendment 47 #

Motion for a resolution
Recital V

V. whereas single EU forms could be introduced to foster the provision of information on protection decisions and the circulation, recognition and enforcement of those decisions; whereas any person who is given responsibility for protecting the person or the property of a vulnerable adult should have the right to be issued with a certificate specifying his or her capacity, status and the powers which have been conferred on him or her; whereas this certificate should be issued at his or her request within a reasonable period;

Amendment 48 #

Motion for a resolution
Recital V

V. whereas single EU forms could be introduced to foster the provision of information on protection decisions and the circulation, recognition and enforcement of those decisions; whereas legal certainty requires that any person who is given responsibility for protecting the person or the property of a vulnerable adult ~~should have the right to be issued~~may, upon his request, be issued within a reasonable time with a certificate specifying his or her status and the powers which have been conferred on him or her; ~~whereas this certificate should be issued at his or her request within a reasonable period;~~

Amendment 49 #

Motion for a resolution
Recital W

~~W. whereas a decision handed down in a Member State which is enforceable in that Member State should be enforceable in the other Member States without any declaration of enforceability being required;~~deleted

Amendment 5 #

Motion for a resolution
Recital A

A. whereas consideration should be given to the difficulties which the Union and its institutions are currently experiencing; whereas it is essential for the Union to move closer to its citizens and to address matters of direct concern to themit is essential for the Union to move closer to its citizens and to address matters of direct concern to them, guaranteeing respect for fundamental rights, without discrimination, in an area of equality, freedom and justice;

Amendment 50 #

Motion for a resolution
Recital W

Amendment 51 #

Motion for a resolution
Recital W

W. whereas a legal decision handed down in a Member State which is enforceable in that Member State should be enforceable in the other Member States without any declaration of enforceability being required;

Amendment 52 #

Motion for a resolution
Recital Y

Y. whereas certain protection measures proposed by the authorities of a Member State concerning a vulnerable adult, including the placing of the adult in an establishment situated in another Member State, could have logistical and financial implications for another Member State; whereas, in such cases, it would be helpful to set up mechanisms for cooperation between the authorities of the Member States concerned so that they can agree on the desirability of sharing the costs of the and that a disproportionate burden may justify the non-recognition and non- enforcement of the proposed protection measure;

Amendment 53 #

Motion for a resolution
Recital Z

Z. whereas the existence of such central authorities should not prevent the administrative and judicial authorities of the Member States from communicating directly with each other when they regard such communication as more effective;deleted

Amendment 54 #

Motion for a resolution
Recital AA

AA. whereas the time which has elapsed since Parliament adopted its resolution of 18 December 2008 should have enabled the Commission to obtain sufficient information concerning the functioning of the Hague Convention in the Member States which have ratified it and to draw up the report called for by Parliament in that resolution; whereas such inertia by the Commission, which says a great deal concerning its contempt for Parliament, is unacceptable and has to be condemned;

Amendment 55 #

Motion for a resolution
Recital AA

AA. whereas the time which has elapsed since Parliament adopted its resolution of 18 December 2008 should have enabled the Commission to obtain sufficient information concerning the ~~functioning~~entry into force of the Hague Convention in the Member States which have ratified it and to draw up the report called for by Parliament in that resolution;

Amendment 56 #

Motion for a resolution
Recital AA

AA. whereas the time which has elapsed since Parliament adopted its resolution of 18 December 2008 ~~should~~is expected to have enabled the Commission to obtain sufficient information concerning the functioning of the Hague Convention in the Member States which have ratified it and to draw up the report called for by Parliament in that resolution;

Amendment 57 #

Motion for a resolution
Paragraph 1

1. Applauds those Member States which have signed and ratified the Hague Convention, and encourages those Member States which have not yet signed or ratified it to do so as quickly as possible; calls on the Commission to exert political pressure on the Council and the Member States that could lead to an increase in the number of ratifications by the end of 2017;

Amendment 58 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that the protection of vulnerable adults, including those with disabilities, requires a comprehensive set of specific and targeted actions;

Amendment 59 #

Motion for a resolution
Paragraph 2

2. Calls on the Member States to make sure that the protection measures for which their national law makes provision can be tailored to the circumstances of each vulnerable adult, so that the competent national authorities can take proportionate individual protection measures, thereby ensuring that Union citizens are not stripped of a legal right that they are still capable of exercising; notes that in most cases of persons with disabilities the legal incapacity is due to disability and not to age;

Amendment 6 #

Motion for a resolution
Recital A a (new)

Aa. whereas demographic change and increased life expectancy have led to an increase in the number of elderly people in Europe who can no longer protect their interests on their own by reason of an impairment or inadequacy of their personal faculties; whereas there are also other circumstances, such as mental and physical disabilities, in which any adult’s capacity to protect his or her interests can be affected;

Amendment 60 #

Motion for a resolution
Paragraph 2

2. Calls on the Member States to make sure that the protection measures for which their national law makes provision can be tailored to the circumstances of each vulnerable adult, so that the competent national authorities can take proportionate individual protection measures accordingly, thereby ensuring that Union citizens are not stripped of a legal right that they are still capable of exercising;

Amendment 61 #

Motion for a resolution
Paragraph 2

2. Calls on the Member States to make sure that the protection measures for which their national law makes provision can be tailored to the circumstances of each vulnerable adult, so that the competent national authorities can take proportionate individual protection measures, thereby ensuring that ~~Union citizen~~vulnerable adults are not stripped of a legal right that they are still capable of exercising;

Amendment 62 #

Motion for a resolution
Paragraph 3

3. Reminds the Commission and the Member States that not all vulnerable adults are necessarily vulnerable by virtue of their advanced age, and calls for measures to be taken to strengthen the legal protection and rights not only of elderly vulnerable adults, but also of adults who are vulnerable by virtue of a serious mental and/or physical disability; considers in this respect that it would be extremely worthwhile to establish exchanges and comparisons of good practices among the Member States, taking forms of protection and safeguard as the starting point;

Amendment 63 #

Motion for a resolution
Paragraph 3

3. Reminds the Commission and the Member States that not all vulnerable adults are necessarily vulnerable by virtue of their advanced age, and calls for measures to be taken to strengthen the legal protection and rights not only of elderly vulnerable adults, but also of adults who are vulnerable by virtue of a serious mental and/or physical disability; notes that persons with disabilities are vulnerable due to certain limitations and also due to impairments with which they were born;

Amendment 64 #

Motion for a resolution
Paragraph 3

3. Reminds the Commission and the Member States that not all vulnerable adults are necessarily vulnerable by virtue of their advanced age, and calls for measures to be taken to strengthen the legal protection and rights not only of elderly vulnerable adults, but also of adults who ~~are vulnerable by virtue of a serious mental and/or physical disability~~by virtue of an impairment or insufficiency of their personal faculties are not in a position to protect their interests;

Amendment 65 #

Motion for a resolution
Paragraph 3

Amendment 66 #

Motion for a resolution
Paragraph 3

Amendment 67 #

Motion for a resolution
Paragraph 3

3. Reminds the ~~Commission and the~~ Member States that not all vulnerable adults are necessarily vulnerable by virtue of their advanced age, and calls on them for measures to be taken to strengthen the legal protection and rights not only of elderly vulnerable adults, but also of adults who are vulnerable by virtue of a serious mental and/or physical disability;

Amendment 68 #

Motion for a resolution
Paragraph 4

4. Urges the Member States to promote self-determination for adults by introducing legislation on mandates in anticipation of incapacity, drawing on the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe; taking into consideration that vulnerability is mostly present in communities affected by adverse physical, social, economic and environmental factors;

Amendment 69 #

Motion for a resolution
Paragraph 4

4. Urges the Member States to ~~promote self-determination for adults by introducing legislation on mandates in anticipation of incapacity, drawing on~~take note of the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe;

Amendment 7 #

Motion for a resolution
Recital B

B. whereas the protection of vulnerable adults is a cross-border issue and therefore concerns all Member States; whereas this issue is symbolic of the role which the Union and its Parliament must play in responding to the problems and difficulties which European citizens encounter in the exercise of their rights, in particular by providing an experimental solution conducive to the use of new information technologies to ensure a more inclusive form of citizenship;

Amendment 70 #

Motion for a resolution
Paragraph 4

4. Urges the Member States to promote self-determination for adults by introducing corresponding national legislation on mandates in anticipation of incapacity, drawing on the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe;

Amendment 71 #

Motion for a resolution
Paragraph 4

4. ~~Urges~~Suggests to the Member States tohat they should promote self-determination for adults by introducing legislation on mandates in anticipation of incapacity, drawing on the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe;

Amendment 72 #

Motion for a resolution
Paragraph 4

4. UrEncourages the Member States to promote self-determination for adults by introducing legislation on mandates in anticipation of incapacity, drawing on the principles set out in Recommendation CM/Rec(2009)11 of the Ministerial Committee of the Council of Europe;

Amendment 73 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to ensure that they do not suffer discrimination as a result of their condition; in that connection, calls on the Member States to ensure that their laws do not impose fees or formalities which would, in an unreasonable way, prevent disadvantaged adults from being the subject of a mandate in anticipation of incapacity, irrespective of their financial situation; calls also, to this end, for a filtering of hitherto-unexplored sources of financing under the Social Fund, such as the promotion of pilot projects for less- well protected adults in certain Member States;

Amendment 74 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to put measures in place aiming to ensure that they do not suffer discrimination as a result of their condition; in that connection, calls on the Member States to ensure that their laws do not impose fees or formalities which would, in an unreasonable way, prevent disadvantaged adults from being the subject of a mandate in anticipation of incapacity, irrespective of their financial situation;

Amendment 75 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to pay particular attention to the needs of ~~the most disadvantaged~~young and elderly vulnerable ~~adults and~~persons to ensure that they do not suffer discrimination as a result of their condition and are entitled, to equal rights and opportunities; in that connection, calls on the Member States to ensure that their laws do not impose fees or formalities which would, in an unreasonable way, prevent ~~disadvantaged adult~~young and elderly vulnerable persons from being the subject of a mandate in anticipation of incapacity, irrespective of their financial situation;

Amendment 76 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to ensure that they do not suffer discrimination as a result of their condition; in that connection, calls on the Member States which recognise incapacity mandates to ensure that their laws do not impose ~~fees or formaliti~~obstacles which would~~, in an~~ unreasonabl~~e way,~~y prevent disadvantaged adults from being the subject of a mandate in anticipation of incapacity~~, irrespective of their financial situation~~;

Amendment 77 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures as well as to fund projects designed to assess, detect and address, where it is possible, the causes of their vulnerability, in order also to decrease the incidence of preventable vulnerable adult deaths; calls on the Member States to take appropriate steps to provide all persons on their territory with ~~information~~easily accessible and sufficient information in particular about their national laws and the services available in the area of the protection of vulnerable adults;

Amendment 78 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures; calls on the Member States to take appropriate steps to provide all persons on their territory with information about their national laws and the services available in the area of the protection of vulnerable adults; points to the website www.the- vulnerable.eu, among the different types of support for the rights of vulnerable adults, as being a tool providing information and updates on the protection offered in the various Member States;

Amendment 79 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures; calls on the Member States to take appropriate steps to provide all persons on their territory with information about their national laws and the services available in the area of the protection of vulnerable adults; notes that a social intervention plan, mandatory for each Member State, would considerably reduce existing social protection differences between Member States.

Amendment 8 #

Motion for a resolution
Recital B

Amendment 80 #

Motion for a resolution
Paragraph 6

6. ~~Calls on the Commission to fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures; calls on~~Encourages the Member States to take appropriate steps to provide all persons on their territory with information about their national laws and the services available in the area of the protection of vulnerable adults;

Amendment 81 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to initiate and, where appropriate, fund projects designed to make EU citizens aware of the Member States’ laws on vulnerable adults and protection measures; calls on the Member States to take appropriate steps to provide all persons on their territory with information about their national laws and the services available in the area of the protection of vulnerable adults;

Amendment 82 #

Motion for a resolution
Paragraph 6

Amendment 83 #

Motion for a resolution
Paragraph 7

7. Deplores strongly the fact that the Commission has failed to act on Parliament’s call that it should submit to Parliament and the Council in due course a report setting out details of the problems encountered and the best practices noted in connection with the application of the Hague Convention, a report which should also have outlined proposals for Union measures to clarify the procedures, or create new procedures, for applying the convention; ~~takes the view that this report could have included a discussion of the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention;~~

Amendment 84 #

Motion for a resolution
Paragraph 7

7. ~~Deplor~~Notes the fact that the Commission has failed to act on Parliament’s call that it should submit to Parliament and the Council in due course a report setting out details of the problems encountered and the best practices noted in connection with the application of the Hague Convention, a ~~report which should also have~~s well as outlined proposals for Union measures to clarify the procedures, or create new procedures, for applying the convention; takes the view that this report could have included a discussion of the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention;

Amendment 85 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission to submit to Parliament and the Council, before 31 March 2018, pursuant to Article 81(2) of the Treaty on the Functioning of the European Union, a proposal for a regulation designed to improve cooperation among the Member States and the automatic recognition and enforcement of decisions on the protection of vulnerable adults and mandates in anticipation of incapacity, drawing on the recommendations set out in the annex hereto;deleted

Amendment 86 #

Motion for a resolution
Paragraph 8

8. ~~Calls on~~Invites the Commission to submit to Parliament and the Council, ~~before 31 March 2018,~~ pursuant to Article 81(2) of the Treaty on the Functioning of the European Union, a proposal ~~for a regulation~~ designed to improve cooperation among the Member States and the automatic recognition and enforcement of decisions on the protection of vulnerable adults and mandates in anticipation of incapacity, where these are recognized in Member States, drawing on the recommendations set out in the annex hereto;

Amendment 87 #

Motion for a resolution
Paragraph 8 a (new)

8a. Notes that this report does not replace the Hague convention, it supports the Convention and encourages Member States to ratify and implement it;

Amendment 88 #

Motion for a resolution
Paragraph 9

~~9. Confirms that the recommendations are consistent with fundamental rights and the principle of subsidiarity;~~deleted

Amendment 89 #

Motion for a resolution
Paragraph 9

9. Confirms that the recommendations are consistent with fundamental rights and the principle of subsidiarity; stresses in this respect the importance of giving expression, among national best practices, to the outcomes of work done by local communities and by local authorities;

Amendment 9 #

Motion for a resolution
Recital B

B. whereas the protection of vulnerable adults exercising their freedom of movement is a cross-border issue and therefore ~~concern~~affects all Member States; whereas this issue is symbolic of the role which the Union and its Parliament must play in responding to the ~~problems and difficulti~~challenges which European citizens encounter in the exercise of their ~~rights~~freedom of movement;

Amendment 90 #

Motion for a resolution
Paragraph 10

~~10. Considers that the requested proposal will not have any financial implications for the Union;~~deleted

Amendment 91 #

Motion for a resolution
Paragraph 10

~~10. Considers that the requested proposal will not have any financial implications for the Union;~~deleted

Amendment 92 #

Motion for a resolution
Annex – Part A – paragraph 2

2. Set up national files or registers of administrative and judicial decisions setting out protection measures in respect of vulnerable adults, and the relevant mandates in anticipation of incapacity, where these are recognised, in order to guarantee legal security and facilitate the circulation of, and prompt access by the competent authorities and judges to, information concerning the legal situation of persons who are the subject of a protection measure.

Amendment 93 #

Motion for a resolution
Annex – part A – paragraph 4

4. Ensure that the sharing between Member States of information concerning the protection status of vulnerable adults, and access to files and registers containing details of protection measures and mandates in anticipation of incapacity, is organised in a manner entirely consistent with the principle of confidentiality and the rules on the protection of the personal data of the adults concerned.

Amendment 94 #

Motion for a resolution
Annex – Part A – paragraph 6

6. Grant any person who is given responsibility for protecting the person or the property of a vulnerable adult the ~~right~~facility to obtain within a reasonable period a certificate specifying his or her status and the powers which have been conferred on him or her.

Amendment 95 #

Motion for a resolution
Annex – part A – paragraph 6

6. Grant any person who is given responsibility for protecting the person or the property of a vulnerable adult the right to obtain within a reasonable period an EU certificate valid in all the Member States specifying his or her status and the powers which have been conferred on him or her.

Amendment 96 #

Motion for a resolution
Annex – Part A – paragraph 7

7. Foster the ~~automatic~~ recognition in the other Member States of protection measures taken by the authorities of a Member State, without prejudice to the introduction of legal safeguards to protect public order in the States requested, which will justify the non-recognition and non-enforcement of such protection measures by the Member States requested.

Amendment 97 #

Motion for a resolution
Annex – part A – paragraph 7

7. ~~Foster~~Enable the automatic recognition in the other Member States of protection measures taken by the authorities of a Member State, without prejudice to the introduction of legal safeguards to protect public order in the States requested, as an exception to the principle of automatic recognition and in keeping with Articles 3 and 21 of the Charter of Fundamental Rights of the European Union.

Amendment 98 #

Motion for a resolution
Annex – Part A – paragraph 8

8. Foster the enforcement in the other Member States of protection measures taken by the authorities of a Member State, without a declaration establishing the enforceability of these measures being requirdeleted.

Amendment 99 #