BETA


2015/2085(INL) Protection of vulnerable adults

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI BERGERON Joëlle (icon: EFDD EFDD) COMODINI CACHIA Therese (icon: PPE PPE), NEGRESCU Victor (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR), MARINHO E PINTO António (icon: ALDE ALDE), CHRYSOGONOS Kostas (icon: GUE/NGL GUE/NGL), DURAND Pascal (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 47

Events

2017/08/30
   EC - Commission response to text adopted in plenary
Documents
2017/06/01
   EP - Results of vote in Parliament
2017/06/01
   EP - Debate in Parliament
2017/06/01
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 539 votes to 23, with 72 abstentions, a resolution containing recommendations to the Commission on the protection of vulnerable adults in accordance with Rule 46 of the Rules of Procedure of the European Parliament.

Definition : Parliament defined what is meant by ‘vulnerable adults’ within the meaning of the parliamentary report and the Commission proposal that has been called for. These are physical persons over the age of 18 who are temporarily or permanently in the position of being unable to manage their personal affairs or their property.

Parliament recalled that all EU Member States have their own legal framework with different tools for the protection of vulnerable adults, and that these persons’ property may be located in several Member States. There is no genuine legal framework within the European Union to ensure the adequate protection for vulnerable adults in such cross-border situations.

This may hamper the exercise by vulnerable adults of their freedom of movement and make the protection of their property more difficult .

Filling this legal gap would enable vulnerable adults to benefit fully from the EU’s principles of free movement and residence instead of facing potential difficulties in protecting their personal affairs and property.

Aim of the measure : the aim here is certainly not to harmonise the protection measures that exist in each Member State, the establishment of which falls within the sole responsibility of each state, but to put in place a set of legal rules seeking to facilitate the recognition and enforcement of decisions taken in a Member State of the Union by the authorities of other Member States , and to enhance cooperation between the Member States in this field.

It is for this reason that Parliament called on the Commission to submit to Parliament and the Council, before 31 March 2018 , on the basis of 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.

Principles and objectives of the proposal : among the main points of the future proposal, Parliament pointed to the following requirements:

improved information on administrative and judicial decisions taken relating to vulnerable adults who are subject to protective measures as defined by the Hague Convention of 13 January 2000 on the international protection of adults and to facilitate the circulation, recognition and enforcement of such decisions; the creation of national files or registers of administrative and judicial decisions concerning measures to protect vulnerable adults and, where these exist, incapacity mandates in order to facilitate the circulation of and the prompt access by the competent administrations and judges to information relating to the legal situation of persons subject to a protection measure. the need to ensure that information on the protection status of vulnerable adults is shared among Member States in accordance with the principle of confidentiality and the rules on the protection of personal data; the introduction of single EU forms designed to provide information on administrative and judicial decisions relating to vulnerable adults; the encouragement of the automatic recognition of the protective measures taken by the authorities of a Member State in the other Member States without prejudice to legal safeguards to protect public order in the States requested which States to justify non-recognition and non-enforcement of those measure may justify the non-recognition and non-enforcement of such protection measures by the Member States requested; the promotion of the enforcement of protective measures taken by the authorities of one Member State in the other Member States; the fostering of consultation and coordination among the Member States where the execution of a decision envisaged by the authorities of a Member State could have logistical and financial implications for another Member State so that the Member States concerned can reach an agreement on the sharing of the costs related to the protective measure.

Parliament also called for the introduction of a single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned whose well-informed consent would have to be verified by the relevant authorities, as well as the circulation, recognition and enforcement of these mandates.

The resolution also stressed the need to inform European citizens about the legislation of the Member States concerning vulnerable adults and the protection measures affecting them.

Parliament regretted that the Commission had not yet acted on Parliament's request to submit a report listing the problems encountered and the best practices observed in the application of the 2000 Hague Convention on the international protection of adults. This report should normally contain proposals for Union measures supplementing or clarifying the manner of applying the Convention and mention the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention.

Documents
2017/06/01
   EP - End of procedure in Parliament
2017/04/03
   EP - Committee report tabled for plenary, single reading
Details

The Committee on Legal Affairs adopted an own-initiative report by Joëlle BERGERON (EFD, FR) containing recommendations to the Commission on the protection of vulnerable adults in accordance with Rule 46 of the Rules of Procedure of the European Parliament.

Members firstly defined what is meant by ‘vulnerable adults’ within the meaning of the parliamentary report and the Commission proposal that has been called for. These are physical persons over the age of 18 who are temporarily or permanently in the position of being unable to manage their personal affairs or their property .

They recalled that all EU Member States have their own legal framework with different tools for the protection of vulnerable adults, and that these persons’ property may be located in several Member States. There is no genuine legal framework within the European Union to ensure the adequate protection for vulnerable adults in such cross-border situations.

This may hamper the exercise by vulnerable adults of their freedom of movement and make the protection of their property more difficult .

Filling this legal gap would enable vulnerable adults to benefit fully from the EU’s principles of free movement and residence instead of facing potential difficulties in protecting their personal affairs and property.

The aim here is certainly not to harmonise the protection measures that exist in each Member State, the establishment of which falls within the sole responsibility of each state, but to put in place a set of legal rules seeking to facilitate the recognition and enforcement of decisions taken in a Member State of the Union by the authorities of other Member States, and to enhance cooperation between the Member States in this field.

It is for this reason that Members have made use of Article 46 of Parliament’s Rules of Procedure to call on the Commission to submit an appropriate proposal in this area, in accordance with Article 225 of the Treaty on the TFEU.

Principles and objectives of the proposal : among the main points of the future proposal, Members pointed to the following requirements:

improved information on administrative and judicial decisions taken relating to vulnerable adults who are subject to protective measures as defined by the Hague Convention of 13 January 2000 on the international protection of adults and to facilitate the circulation, recognition and enforcement of such decisions; the creation of national files or registers of administrative and judicial decisions concerning measures to protect vulnerable adults and, where these exist, incapacity mandates in order to facilitate the circulation of and the prompt access by the competent administrations and judges to information relating to the legal situation of persons subject to a protection measure. the need to ensure that information on the protection status of vulnerable adults is shared among Member States in accordance with the principle of confidentiality and the rules on the protection of personal data; the introduction of single EU forms designed to provide information on administrative and judicial decisions relating to vulnerable adults; the encouragement of the automatic recognition of the protective measures taken by the authorities of a Member State in the other Member States without prejudice to legal safeguards to protect public order in the States requested which States to justify non-recognition and non-enforcement of those measure may justify the non-recognition and non-enforcement of such protection measures by the Member States requested; the promotion of the enforcement of protective measures taken by the authorities of one Member State in the other Member States; the fostering of consultation and coordination among the Member States where the execution of a decision envisaged by the authorities of a Member State could have logistical and financial implications for another Member State so that the Member States concerned can reach an agreement on the sharing of the costs related to the protective measure.

Members also called for the introduction of a single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned whose well-informed consent would have to be verified by the relevant authorities, as well as the circulation, recognition and enforcement of these mandates.

Legal basis of the proposal : Members called on the Commission to submit to the European Parliament and the Council the said proposal before 31 March 2018 based on Article 81 (2) of the Treaty on the Functioning of the European Union.

In the motion for a resolution, Members remind the Commission and the Member States that not all adults who are vulnerable are necessarily vulnerable because of their advanced age but, for example, because of serious mental and / or physical disability.

Members called on Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to put in place measures to ensure that they are not discriminated against as a result of their condition.

The motion for a resolution also stressed the need to inform European citizens about the legislation of the Member States concerning vulnerable adults and the protection measures affecting them.

Members regretted that the Commission had not yet acted on Parliament's request to submit a report listing the problems encountered and the best practices observed in the application of the 2000 Hague Convention on the international protection of adults. This report should normally contain proposals for Union measures supplementing or clarifying the manner of applying the Convention and mention the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention.

Documents
2017/03/23
   EP - Vote in committee, 1st reading/single reading
2017/01/31
   EP - Amendments tabled in committee
Documents
2016/11/10
   EP - Committee draft report
Documents
2015/06/16
   EP - BERGERON Joëlle (EFDD) appointed as rapporteur in JURI
2015/04/30
   EP - Committee referral announced in Parliament, 1st reading/single reading

Documents

Votes

A8-0152/2017 - Joëlle Bergeron - Vote unique 01/06/2017 11:37:43.000

2017/06/01 Outcome: +: 539, 0: 72, -: 23
DE IT ES FR RO PL GB PT AT CZ SE HU BG BE EL NL HR SK IE FI LT DK SI LV CY LU EE MT
Total
81
63
49
57
27
48
49
18
18
19
18
16
16
20
14
22
11
12
10
12
9
12
7
7
6
5
5
2
icon: PPE PPE
183

Greece PPE

For (1)

1

Finland PPE

2

Denmark PPE

For (1)

1

Cyprus PPE

1

Luxembourg PPE

2

Estonia PPE

For (1)

1
icon: S&D S&D
164

Netherlands S&D

3

Croatia S&D

2

Ireland S&D

For (1)

1

Lithuania S&D

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

2
icon: ALDE ALDE
62

Germany ALDE

For (1)

1

Romania ALDE

2

United Kingdom ALDE

1

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: GUE/NGL GUE/NGL
46

France GUE/NGL

2

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

2

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
42

Italy Verts/ALE

For (1)

1

Spain Verts/ALE

3
4

United Kingdom Verts/ALE

4

Austria Verts/ALE

3

Sweden Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
32

Germany EFDD

Abstain (1)

1

France EFDD

1

Poland EFDD

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: ECR ECR
64

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

For (1)

Abstain (1)

2

Greece ECR

For (1)

1

Netherlands ECR

2

Croatia ECR

For (1)

1

Slovakia ECR

Abstain (1)

3

Finland ECR

2

Lithuania ECR

1

Denmark ECR

Abstain (1)

3

Latvia ECR

Abstain (1)

1

Cyprus ECR

1
icon: NI NI
9

Germany NI

2

France NI

1

United Kingdom NI

For (1)

Against (1)

2

Hungary NI

For (1)

1
icon: ENF ENF
31

Romania ENF

Against (1)

1

Poland ENF

Against (1)

Abstain (1)

2

United Kingdom ENF

Against (1)

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

3
AmendmentsDossier
103 2015/2085(INL)
2017/01/31 JURI 103 amendments...
source: 597.678

History

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

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  • date: 2015-04-30T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: COMODINI CACHIA Therese group: S&D name: NEGRESCU Victor group: ECR name: DZHAMBAZKI Angel group: ALDE name: MARINHO E PINTO António group: GUE/NGL name: CHRYSOGONOS Kostas group: Verts/ALE name: DURAND Pascal responsible: True committee: JURI date: 2015-06-16T00:00:00 committee_full: Legal Affairs rapporteur: group: EFD name: BERGERON Joëlle
  • date: 2017-03-23T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: COMODINI CACHIA Therese group: S&D name: NEGRESCU Victor group: ECR name: DZHAMBAZKI Angel group: ALDE name: MARINHO E PINTO António group: GUE/NGL name: CHRYSOGONOS Kostas group: Verts/ALE name: DURAND Pascal responsible: True committee: JURI date: 2015-06-16T00:00:00 committee_full: Legal Affairs rapporteur: group: EFD name: BERGERON Joëlle
  • date: 2017-04-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0152&language=EN type: Committee report tabled for plenary, single reading title: A8-0152/2017 body: EP type: Committee report tabled for plenary, single reading
  • date: 2017-06-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20170601&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0235 type: Decision by Parliament, 1st reading/single reading title: T8-0235/2017 body: EP type: Debate in Parliament
commission
  • body: EC dg: Justice and Consumers commissioner: JOUROVÁ Věra
committees/0
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body
EP
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Legal Affairs
committee
JURI
date
2015-06-16T00:00:00
rapporteur
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shadows
committees/0
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JURI
date
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docs
  • date: 2016-11-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE593.997 title: PE593.997 type: Committee draft report body: EP
  • date: 2017-01-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.678 title: PE597.678 type: Amendments tabled in committee body: EP
  • date: 2017-08-30T00:00:00 docs: url: /oeil/spdoc.do?i=29440&j=0&l=en title: SP(2017)510 type: Commission response to text adopted in plenary
events
  • date: 2015-04-30T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-03-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-04-03T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0152&language=EN title: A8-0152/2017 summary: The Committee on Legal Affairs adopted an own-initiative report by Joëlle BERGERON (EFD, FR) containing recommendations to the Commission on the protection of vulnerable adults in accordance with Rule 46 of the Rules of Procedure of the European Parliament. Members firstly defined what is meant by ‘vulnerable adults’ within the meaning of the parliamentary report and the Commission proposal that has been called for. These are physical persons over the age of 18 who are temporarily or permanently in the position of being unable to manage their personal affairs or their property . They recalled that all EU Member States have their own legal framework with different tools for the protection of vulnerable adults, and that these persons’ property may be located in several Member States. There is no genuine legal framework within the European Union to ensure the adequate protection for vulnerable adults in such cross-border situations. This may hamper the exercise by vulnerable adults of their freedom of movement and make the protection of their property more difficult . Filling this legal gap would enable vulnerable adults to benefit fully from the EU’s principles of free movement and residence instead of facing potential difficulties in protecting their personal affairs and property. The aim here is certainly not to harmonise the protection measures that exist in each Member State, the establishment of which falls within the sole responsibility of each state, but to put in place a set of legal rules seeking to facilitate the recognition and enforcement of decisions taken in a Member State of the Union by the authorities of other Member States, and to enhance cooperation between the Member States in this field. It is for this reason that Members have made use of Article 46 of Parliament’s Rules of Procedure to call on the Commission to submit an appropriate proposal in this area, in accordance with Article 225 of the Treaty on the TFEU. Principles and objectives of the proposal : among the main points of the future proposal, Members pointed to the following requirements: improved information on administrative and judicial decisions taken relating to vulnerable adults who are subject to protective measures as defined by the Hague Convention of 13 January 2000 on the international protection of adults and to facilitate the circulation, recognition and enforcement of such decisions; the creation of national files or registers of administrative and judicial decisions concerning measures to protect vulnerable adults and, where these exist, incapacity mandates in order to facilitate the circulation of and the prompt access by the competent administrations and judges to information relating to the legal situation of persons subject to a protection measure. the need to ensure that information on the protection status of vulnerable adults is shared among Member States in accordance with the principle of confidentiality and the rules on the protection of personal data; the introduction of single EU forms designed to provide information on administrative and judicial decisions relating to vulnerable adults; the encouragement of the automatic recognition of the protective measures taken by the authorities of a Member State in the other Member States without prejudice to legal safeguards to protect public order in the States requested which States to justify non-recognition and non-enforcement of those measure may justify the non-recognition and non-enforcement of such protection measures by the Member States requested; the promotion of the enforcement of protective measures taken by the authorities of one Member State in the other Member States; the fostering of consultation and coordination among the Member States where the execution of a decision envisaged by the authorities of a Member State could have logistical and financial implications for another Member State so that the Member States concerned can reach an agreement on the sharing of the costs related to the protective measure. Members also called for the introduction of a single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned whose well-informed consent would have to be verified by the relevant authorities, as well as the circulation, recognition and enforcement of these mandates. Legal basis of the proposal : Members called on the Commission to submit to the European Parliament and the Council the said proposal before 31 March 2018 based on Article 81 (2) of the Treaty on the Functioning of the European Union. In the motion for a resolution, Members remind the Commission and the Member States that not all adults who are vulnerable are necessarily vulnerable because of their advanced age but, for example, because of serious mental and / or physical disability. Members called on Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to put in place measures to ensure that they are not discriminated against as a result of their condition. The motion for a resolution also stressed the need to inform European citizens about the legislation of the Member States concerning vulnerable adults and the protection measures affecting them. Members regretted that the Commission had not yet acted on Parliament's request to submit a report listing the problems encountered and the best practices observed in the application of the 2000 Hague Convention on the international protection of adults. This report should normally contain proposals for Union measures supplementing or clarifying the manner of applying the Convention and mention the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention.
  • date: 2017-06-01T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=29440&l=en title: Results of vote in Parliament
  • date: 2017-06-01T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20170601&type=CRE title: Debate in Parliament
  • date: 2017-06-01T00:00:00 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-2017-0235 title: T8-0235/2017 summary: The European Parliament adopted by 539 votes to 23, with 72 abstentions, a resolution containing recommendations to the Commission on the protection of vulnerable adults in accordance with Rule 46 of the Rules of Procedure of the European Parliament. Definition : Parliament defined what is meant by ‘vulnerable adults’ within the meaning of the parliamentary report and the Commission proposal that has been called for. These are physical persons over the age of 18 who are temporarily or permanently in the position of being unable to manage their personal affairs or their property. Parliament recalled that all EU Member States have their own legal framework with different tools for the protection of vulnerable adults, and that these persons’ property may be located in several Member States. There is no genuine legal framework within the European Union to ensure the adequate protection for vulnerable adults in such cross-border situations. This may hamper the exercise by vulnerable adults of their freedom of movement and make the protection of their property more difficult . Filling this legal gap would enable vulnerable adults to benefit fully from the EU’s principles of free movement and residence instead of facing potential difficulties in protecting their personal affairs and property. Aim of the measure : the aim here is certainly not to harmonise the protection measures that exist in each Member State, the establishment of which falls within the sole responsibility of each state, but to put in place a set of legal rules seeking to facilitate the recognition and enforcement of decisions taken in a Member State of the Union by the authorities of other Member States , and to enhance cooperation between the Member States in this field. It is for this reason that Parliament called on the Commission to submit to Parliament and the Council, before 31 March 2018 , on the basis of 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. Principles and objectives of the proposal : among the main points of the future proposal, Parliament pointed to the following requirements: improved information on administrative and judicial decisions taken relating to vulnerable adults who are subject to protective measures as defined by the Hague Convention of 13 January 2000 on the international protection of adults and to facilitate the circulation, recognition and enforcement of such decisions; the creation of national files or registers of administrative and judicial decisions concerning measures to protect vulnerable adults and, where these exist, incapacity mandates in order to facilitate the circulation of and the prompt access by the competent administrations and judges to information relating to the legal situation of persons subject to a protection measure. the need to ensure that information on the protection status of vulnerable adults is shared among Member States in accordance with the principle of confidentiality and the rules on the protection of personal data; the introduction of single EU forms designed to provide information on administrative and judicial decisions relating to vulnerable adults; the encouragement of the automatic recognition of the protective measures taken by the authorities of a Member State in the other Member States without prejudice to legal safeguards to protect public order in the States requested which States to justify non-recognition and non-enforcement of those measure may justify the non-recognition and non-enforcement of such protection measures by the Member States requested; the promotion of the enforcement of protective measures taken by the authorities of one Member State in the other Member States; the fostering of consultation and coordination among the Member States where the execution of a decision envisaged by the authorities of a Member State could have logistical and financial implications for another Member State so that the Member States concerned can reach an agreement on the sharing of the costs related to the protective measure. Parliament also called for the introduction of a single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned whose well-informed consent would have to be verified by the relevant authorities, as well as the circulation, recognition and enforcement of these mandates. The resolution also stressed the need to inform European citizens about the legislation of the Member States concerning vulnerable adults and the protection measures affecting them. Parliament regretted that the Commission had not yet acted on Parliament's request to submit a report listing the problems encountered and the best practices observed in the application of the 2000 Hague Convention on the international protection of adults. This report should normally contain proposals for Union measures supplementing or clarifying the manner of applying the Convention and mention the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention.
  • date: 2017-06-01T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
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procedure/legal_basis/0
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  • 4.20.05 Health legislation and policy
  • 7.40.02 Judicial cooperation in civil and commercial matters
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7.40.02
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Procedure completed
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  • The Committee on Legal Affairs adopted an own-initiative report by Joëlle BERGERON (EFD, FR) containing recommendations to the Commission on the protection of vulnerable adults in accordance with Rule 46 of the Rules of Procedure of the European Parliament.

    Members firstly defined what is meant by ‘vulnerable adults’ within the meaning of the parliamentary report and the Commission proposal that has been called for. These are physical persons over the age of 18 who are temporarily or permanently in the position of being unable to manage their personal affairs or their property.

    They recalled that all EU Member States have their own legal framework with different tools for the protection of vulnerable adults, and that these persons’ property may be located in several Member States. There is no genuine legal framework within the European Union to ensure the adequate protection for vulnerable adults in such cross-border situations.

    This may hamper the exercise by vulnerable adults of their freedom of movement and make the protection of their property more difficult.

    Filling this legal gap would enable vulnerable adults to benefit fully from the EU’s principles of free movement and residence instead of facing potential difficulties in protecting their personal affairs and property.

    The aim here is certainly not to harmonise the protection measures that exist in each Member State, the establishment of which falls within the sole responsibility of each state, but to put in place a set of legal rules seeking to facilitate the recognition and enforcement of decisions taken in a Member State of the Union by the authorities of other Member States, and to enhance cooperation between the Member States in this field.

    It is for this reason that Members have made use of Article 46 of Parliament’s Rules of Procedure to call on the Commission to submit an appropriate proposal in this area, in accordance with Article 225 of the Treaty on the TFEU.

    Principles and objectives of the proposal: among the main points of the future proposal, Members pointed to the following requirements:

    • improved information on administrative and judicial decisions taken relating to vulnerable adults who are subject to protective measures as defined by the Hague Convention of 13 January 2000 on the international protection of adults and to facilitate the circulation, recognition and enforcement of such decisions;
    • the creation of national files or registers of administrative and judicial decisions concerning measures to protect vulnerable adults and, where these exist, incapacity mandates in order to facilitate the circulation of and the prompt access by the competent administrations and judges to information relating to the legal situation of persons subject to a protection measure.
    • the need to ensure that information on the protection status of vulnerable adults is shared among Member States in accordance with the principle of confidentiality and the rules on the protection of personal data;
    • the introduction of single EU forms designed to provide information on administrative and judicial decisions relating to vulnerable adults;
    • the encouragement of the automatic recognition of the protective measures taken by the authorities of a Member State in the other Member States without prejudice to legal safeguards to protect public order in the States requested which States to justify non-recognition and non-enforcement of those measure may justify the non-recognition and non-enforcement of such protection measures by the Member States requested;
    • the promotion of the enforcement of protective measures taken by the authorities of one Member State in the other Member States;
    • the fostering of consultation and coordination among the Member States where the execution of a decision envisaged by the authorities of a Member State could have logistical and financial implications for another Member State so that the Member States concerned can reach an agreement on the sharing of the costs related to the protective measure.

    Members also called for the introduction of a single mandate in anticipation of incapacity forms in order to facilitate the use of such mandates by the persons concerned whose well-informed consent would have to be verified by the relevant authorities, as well as the circulation, recognition and enforcement of these mandates.

    Legal basis of the proposal: Members called on the Commission to submit to the European Parliament and the Council the said proposal before 31 March 2018 based on Article 81 (2) of the Treaty on the Functioning of the European Union.

    In the motion for a resolution, Members remind the Commission and the Member States that not all adults who are vulnerable are necessarily vulnerable because of their advanced age but, for example, because of serious mental and / or physical disability.

    Members called on Member States to pay particular attention to the needs of the most disadvantaged vulnerable adults and to put in place measures to ensure that they are not discriminated against as a result of their condition.

    The motion for a resolution also stressed the need to inform European citizens about the legislation of the Member States concerning vulnerable adults and the protection measures affecting them.

    Members regretted that the Commission had not yet acted on Parliament's request to submit a report listing the problems encountered and the best practices observed in the application of the 2000 Hague Convention on the international protection of adults. This report should normally contain proposals for Union measures supplementing or clarifying the manner of applying the Convention and mention the practical problems encountered by the Commission in obtaining information on the application of the Hague Convention.

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Rules of Procedure of the European Parliament EP 150
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2017-05-15T00:00:00
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2017-05-31T00:00:00
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Justice
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Justice and Consumers
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2017-04-03T00:00:00
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2017-05-15T00:00:00
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Justice
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Justice
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2017-03-13T00:00:00
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2017-04-03T00:00:00
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DZHAMBAZKI Angel
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DURAND Pascal
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Verts/ALE
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DURAND Pascal
activities/0/committees/0/shadows/2
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ALDE
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MARINHO E PINTO António
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ALDE
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MARINHO E PINTO António
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NEGRESCU Victor
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S&D
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NEGRESCU Victor
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  • group: EPP name: COMODINI CACHIA Therese
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2015-06-16T00:00:00
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  • group: EFD name: BERGERON Joëlle
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2015-06-16T00:00:00
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  • group: EFD name: BERGERON Joëlle
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EC
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JOUROVÁ Věra
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2015-04-30T00:00:00
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JURI/8/03330
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Old
Preparatory phase in Parliament
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    • body: EP responsible: True committee_full: Legal Affairs committee: JURI
    links
    other
      procedure
      reference
      2015/2085(INL)
      title
      Protection of vulnerable adults
      legal_basis
      Rules of Procedure of the European Parliament EP 046
      stage_reached
      Preparatory phase in Parliament
      subtype
      Request for legislative proposal
      type
      INL - Legislative initiative procedure
      subject