BETA


2016/0168(NLE) Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Peru, acceptance by Austria and Romania

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead JURI DZHAMBAZKI Angel (icon: ECR ECR) RADEV Emil (icon: PPE PPE)
Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 081-p3, TFEU 218

Events

2016/10/05
   EP - Results of vote in Parliament
2016/10/05
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 641 votes to 3, with 7 abstentions, a legislative resolution on the proposal for a Council decision authorising the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

In line with the recommendation made by Committee on Legal Affairs, Parliament approved, without amendment, the authorisation for the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

In brief, the EU now has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13 of 14 October 2014. Following the accession of Peru to the Convention, a Council decision is therefore necessary to authorise the two Member States, Austria and Romania, who have not yet accepted the accession of Peru to do so.

Documents
2016/09/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2016/09/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2016/09/26
   EP - Vote in committee, 1st reading/single reading
2016/07/18
   EP - Committee draft report
Documents
2016/07/11
   EP - DZHAMBAZKI Angel (ECR) appointed as rapporteur in JURI
2016/07/04
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/06/07
   EC - Legislative proposal published
Details

PURPOSE: to authorise Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: the European Union has set as one of its aims the promotion of the protection of the rights of the child , as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation) which is the cornerstone of EU judicial cooperation in matrimonial matters and matters of parental responsibility. It complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which establishes, at international level, a system of obligations and cooperation among contracting States and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

The Hague Convention of 1980 has been ratified by 93 countries, including all EU Member States. It is already into force between Peru and the overwhelming majority of the EU Member States (25). Only Austria, Denmark and Romania have not yet accepted the accession of Peru to the Convention.

In the course of 2015, Peru has communicated to the Commission its interest in making the Convention enter into force also in respect of Austria and Romania, which should therefore be authorised by the European Union to accept the accession of Peru to the 1980 Convention.

CONTENT: under this proposed Council Decision, Austria and Romania would be authorised to accept, in the interest of the Union, accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The other EU Member States have already accepted the accession of Peru to the 1980 Hague Convention and should therefore not deposit a new declaration of acceptance as the existing declaration remains valid under public international law.

Beside the general objective of developing judicial cooperation in civil matters having cross-border implications, the present proposal is linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child. The proposal is also consistent with the promotion of the use of mediation in the settlement of cross-border family disputes. The Directive on certain aspects of mediation in civil and commercial matters applies, among other matters, to family law within the common European judicial area.

The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are therefore taking part in the adoption and application of this Decision. Denmark, however, shall not be taking part in it.

Documents

Activities

Votes

A8-0267/2016 - Angel Dzhambazki - Vote unique

2016/10/05 Outcome: +: 641, 0: 17, -: 3
DE FR IT ES PL GB RO PT BE EL HU CZ AT NL SE BG DK FI SK IE HR SI LV LT EE CY MT LU
Total
88
68
62
50
46
51
26
21
20
19
19
18
18
23
17
15
13
12
12
9
9
8
7
7
6
6
6
5
icon: PPE PPE
188

Denmark PPE

For (1)

1

Finland PPE

2

Estonia PPE

For (1)

1

Cyprus PPE

1

Luxembourg PPE

3
icon: S&D S&D
173

Netherlands S&D

3

Ireland S&D

For (1)

1

Croatia S&D

2

Slovenia S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Malta S&D

3

Luxembourg S&D

For (1)

1
icon: ALDE ALDE
63

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1

Ireland ALDE

For (1)

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Lithuania ALDE

1

Estonia ALDE

3
icon: ECR ECR
56

Italy ECR

1

Romania ECR

For (1)

1

Greece ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2
2

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: GUE/NGL GUE/NGL
48

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
47

United Kingdom Verts/ALE

4

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Lithuania Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: ENF ENF
35

Germany ENF

For (1)

1

Poland ENF

For (1)

1

Romania ENF

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

3
icon: EFDD EFDD
38

France EFDD

1

Poland EFDD

1

Czechia EFDD

For (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
13

Germany NI

2

France NI

2

Poland NI

1

United Kingdom NI

For (1)

1

History

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

committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
rapporteur
name: DZHAMBAZKI Angel date: 2016-07-11T00:00:00 group: European Conservatives and Reformists abbr: ECR
shadows
name: RADEV Emil group: European People's Party (Christian Democrats) abbr: PPE
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2016-07-11T00:00:00
rapporteur
name: DZHAMBAZKI Angel group: European Conservatives and Reformists abbr: ECR
shadows
name: RADEV Emil group: European People's Party (Christian Democrats) abbr: PPE
activities
  • date: 2016-06-07T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0367/COM_COM(2016)0367_EN.pdf title: COM(2016)0367 type: Legislative proposal published celexid: CELEX:52016PC0367:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers Commissioner: JOUROVÁ Věra type: Legislative proposal published
  • date: 2016-07-04T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: RADEV Emil responsible: True committee: JURI date: 2016-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • date: 2016-09-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: RADEV Emil responsible: True committee: JURI date: 2016-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • date: 2016-09-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0267&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0267/2016 body: EP committees: body: EP shadows: group: EPP name: RADEV Emil responsible: True committee: JURI date: 2016-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2016-10-05T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27614&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0372 type: Decision by Parliament, 1st reading/single reading title: T8-0372/2016 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Justice and Consumers commissioner: JOUROVÁ Věra
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
date
2016-07-11T00:00:00
rapporteur
name: DZHAMBAZKI Angel group: European Conservatives and Reformists abbr: ECR
shadows
name: RADEV Emil group: European People's Party (Christian Democrats) abbr: PPE
committees/0
body
EP
shadows
group: EPP name: RADEV Emil
responsible
True
committee
JURI
date
2016-07-11T00:00:00
committee_full
Legal Affairs
rapporteur
group: ECR name: DZHAMBAZKI Angel
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
opinion
False
committees/1
body
EP
responsible
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
docs
  • date: 2016-07-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE587.431 title: PE587.431 type: Committee draft report body: EP
  • date: 2016-09-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0267&language=EN title: A8-0267/2016 type: Committee report tabled for plenary, 1st reading/single reading body: EP
events
  • date: 2016-06-07T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0367/COM_COM(2016)0367_EN.pdf title: COM(2016)0367 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0367 title: EUR-Lex summary: PURPOSE: to authorise Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: the European Union has set as one of its aims the promotion of the protection of the rights of the child , as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation) which is the cornerstone of EU judicial cooperation in matrimonial matters and matters of parental responsibility. It complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which establishes, at international level, a system of obligations and cooperation among contracting States and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. The Hague Convention of 1980 has been ratified by 93 countries, including all EU Member States. It is already into force between Peru and the overwhelming majority of the EU Member States (25). Only Austria, Denmark and Romania have not yet accepted the accession of Peru to the Convention. In the course of 2015, Peru has communicated to the Commission its interest in making the Convention enter into force also in respect of Austria and Romania, which should therefore be authorised by the European Union to accept the accession of Peru to the 1980 Convention. CONTENT: under this proposed Council Decision, Austria and Romania would be authorised to accept, in the interest of the Union, accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The other EU Member States have already accepted the accession of Peru to the 1980 Hague Convention and should therefore not deposit a new declaration of acceptance as the existing declaration remains valid under public international law. Beside the general objective of developing judicial cooperation in civil matters having cross-border implications, the present proposal is linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child. The proposal is also consistent with the promotion of the use of mediation in the settlement of cross-border family disputes. The Directive on certain aspects of mediation in civil and commercial matters applies, among other matters, to family law within the common European judicial area. The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are therefore taking part in the adoption and application of this Decision. Denmark, however, shall not be taking part in it.
  • date: 2016-07-04T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-09-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-09-28T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0267&language=EN title: A8-0267/2016
  • date: 2016-10-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27614&l=en title: Results of vote in Parliament
  • date: 2016-10-05T00:00:00 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-2016-0372 title: T8-0372/2016 summary: The European Parliament adopted by 641 votes to 3, with 7 abstentions, a legislative resolution on the proposal for a Council decision authorising the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In line with the recommendation made by Committee on Legal Affairs, Parliament approved, without amendment, the authorisation for the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In brief, the EU now has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13 of 14 October 2014. Following the accession of Peru to the Convention, a Council decision is therefore necessary to authorise the two Member States, Austria and Romania, who have not yet accepted the accession of Peru to do so.
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
JURI/8/06790
New
  • JURI/8/06790
procedure/subject
Old
  • 4.10.02 Family policy, family law, parental leave
  • 4.10.03 Child protection, children's rights
  • 7.40.02 Judicial cooperation in civil and commercial matters
New
4.10.02
Family policy, family law, parental leave
4.10.03
Child protection, children's rights
7.40.02
Judicial cooperation in civil and commercial matters
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
activities/0/commission/0/DG
Old
Justice
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http://ec.europa.eu/info/departments/justice-and-consumers_en
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Justice and Consumers
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Justice
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http://ec.europa.eu/info/departments/justice-and-consumers_en
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CELEX:52016PC0367:EN
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CELEX:52016PC0367:EN
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Justice
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Justice
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Justice
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Justice
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Results of vote in Parliament
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Decision by Parliament, 1st reading/single reading
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activities/4/docs/0/text
  • The European Parliament adopted by 641 votes to 3, with 7 abstentions, a legislative resolution on the proposal for a Council decision authorising the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    In line with the recommendation made by Committee on Legal Affairs, Parliament approved, without amendment, the authorisation for the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    In brief, the EU now has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13 of 14 October 2014. Following the accession of Peru to the Convention, a Council decision is therefore necessary to authorise the two Member States, Austria and Romania, who have not yet accepted the accession of Peru to do so.

activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0372 type: Decision by Parliament, 1st reading/single reading title: T8-0372/2016
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0267&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0267/2016
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  • group: EPP name: RADEV Emil
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Indicative plenary sitting date, 1st reading/single reading
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activities/1/committees/0/rapporteur
  • group: ECR name: DZHAMBAZKI Angel
committees/0/date
2016-07-11T00:00:00
committees/0/rapporteur
  • group: ECR name: DZHAMBAZKI Angel
activities/0/docs/0/text
  • PURPOSE: to authorise Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: the European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

    As far as parental child abduction is concerned, the 1980 Hague Convention is the international counterpart of Council Regulation No 2201/2003 (known as the Brussels IIa Regulation) which is the cornerstone of EU judicial cooperation in matrimonial matters and matters of parental responsibility. It complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction which establishes, at international level, a system of obligations and cooperation among contracting States and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

    The Hague Convention of 1980 has been ratified by 93 countries, including all EU Member States. It is already into force between Peru and the overwhelming majority of the EU Member States (25). Only Austria, Denmark and Romania have not yet accepted the accession of Peru to the Convention.

    In the course of 2015, Peru has communicated to the Commission its interest in making the Convention enter into force also in respect of Austria and Romania, which should therefore be authorised by the European Union to accept the accession of Peru to the 1980 Convention.

    CONTENT: under this proposed Council Decision, Austria and Romania would be authorised to accept, in the interest of the Union, accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

    The other EU Member States have already accepted the accession of Peru to the 1980 Hague Convention and should therefore not deposit a new declaration of acceptance as the existing declaration remains valid under public international law.

    Beside the general objective of developing judicial cooperation in civil matters having cross-border implications, the present proposal is linked to the general objective enshrined in Article 3 of the Treaty on the European Union to protect the rights of the child. The proposal is also consistent with the promotion of the use of mediation in the settlement of cross-border family disputes. The Directive on certain aspects of mediation in civil and commercial matters applies, among other matters, to family law within the common European judicial area.

    The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are therefore taking part in the adoption and application of this Decision. Denmark, however, shall not be taking part in it.

activities/1
date
2016-07-04T00:00:00
body
EP
type
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committees
procedure/dossier_of_the_committee
JURI/8/06790
procedure/stage_reached
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activities
  • date: 2016-06-07T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0367/COM_COM(2016)0367_EN.pdf title: COM(2016)0367 type: Legislative proposal published celexid: CELEX:52016PC0367:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: JOUROVÁ Věra type: Legislative proposal published
committees
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: JOUROVÁ Věra
procedure
legal_basis
reference
2016/0168(NLE)
title
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Peru, acceptance by Austria and Romania
geographical_area
Peru
stage_reached
Preparatory phase in Parliament
subtype
Consultation of Parliament
type
NLE - Non-legislative enactments
subject