Awaiting committee decision
2015/2085(INL) Protection of vulnerable adults
Next event: Indicative plenary sitting date, 1st reading/single reading 2017/05/31
Lead committee dossier: JURI/8/03330
Legal Basis RoP 046
Next event: Indicative plenary sitting date, 1st reading/single reading 2017/05/31
Role | Committee | Rapporteur | Shadows |
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Lead | JURI | BERGERON Joëlle (EFD) | COMODINI CACHIA Therese (EPP), NEGRESCU Victor (S&D), DZHAMBAZKI Angel (ECR), MARINHO E PINTO António (ALDE), CHRYSOGONOS Kostas (GUE/NGL), DURAND Pascal (Verts/ALE) |
Legal Basis RoP 046
Subjects
Activites
-
2017/05/31
Indicative plenary sitting date, 1st reading/single reading
-
2015/04/30
Committee referral announced in Parliament, 1st reading/single reading
Documents
Amendments | Dossier |
103 |
2015/2085(INL)
2017/01/31
JURI
103 amendments...
Amendment 1 #
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
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
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.
Amendment 11 #
Motion for a resolution Recital C C. whereas the legal protection of vulnerable adults is a human rights issue;
Amendment 12 #
Motion for a resolution Recital C C. whereas the legal protection of vulnerable adults is
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 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
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 Amendment 19 #
Motion for a resolution Recital E E. whereas demographic change and increased life expectancy have led to an
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
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;
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
Amendment 24 #
Motion for a resolution Recital G G. whereas differences exist between the Member States’ legal provisions concerning among others jurisdiction, applicable law a
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
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
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
Amendment 28 #
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 protect his or her interests (personal affairs and/or personal property, whether temporarily or permanently);
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 Amendment 30 #
Motion for a resolution Recital M M. whereas ‘incapacity mandate’ should
Amendment 31 #
Motion for a resolution Recital O O. whereas when defining its policies the European Union must
Amendment 32 #
Motion for a resolution Recital P P. whereas Union action in the area of
Amendment 33 #
Motion for a resolution Recital P P. whereas Union action in the area of protection of vulnerable adults should seek principally to
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
Amendment 35 #
Motion for a resolution Recital R R. whereas timely access by the various administrati
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
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,
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
Amendment 4 #
Motion for a resolution Recital A A. whereas
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
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;
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
Amendment 45 #
Motion for a resolution Recital U U. whereas effective mechanisms could be introduced to
Amendment 46 #
Motion for a resolution Recital V V.
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
Amendment 49 #
Motion for a resolution Recital W Amendment 5 #
Motion for a resolution Recital A A. whereas
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
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
Amendment 53 #
Motion for a resolution Recital Z 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
Amendment 56 #
Motion for a resolution Recital AA AA. whereas the time which has elapsed since Parliament adopted its resolution of 18 December 2008
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
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
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
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
Amendment 65 #
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 or have become vulnerable by virtue of a serious mental and/or physical disability;
Amendment 66 #
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
Amendment 67 #
Motion for a resolution Paragraph 3 3. Reminds the
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
Amendment 69 #
Motion for a resolution Paragraph 4 4. Urges the Member States to
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.
Amendment 72 #
Motion for a resolution Paragraph 4 4.
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;
Amendment 75 #
Motion for a resolution Paragraph 5 5. Calls on the Member States to pay particular attention to the needs of
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
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
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
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 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, particularly in cross-border situations;
Amendment 80 #
Motion for a resolution Paragraph 6 6.
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 6. Calls on the Commission to fund
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;
Amendment 84 #
Motion for a resolution Paragraph 7 7.
Amendment 85 #
Motion for a resolution Paragraph 8 Amendment 86 #
Motion for a resolution Paragraph 8 8.
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 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
Amendment 90 #
Motion for a resolution Paragraph 10 Amendment 91 #
Motion for a resolution Paragraph 10 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
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
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
Amendment 97 #
Motion for a resolution Annex – part A – paragraph 7 7.
Amendment 98 #
Motion for a resolution Annex – Part A – paragraph 8 Amendment 99 #
Motion for a resolution Annex – Part A – paragraph 9 9. Foster consultation and coordination among the Member States
source: 597.678
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