BETA


2016/0169(NLE) Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Kazakhstan, acceptance by certain Member States

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 642 votes to 4, with 17 abstentions, a legislative resolution on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 Kazakhstan to the Convention, a Council decision is therefore necessary to authorise the Member States (except Denmark, which is excluded from the Union's civil justice policy, and the Netherlands, which have already accepted the accession of Kazakhstan) to accept that accession.

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 - Responsible Committee
2016/07/04
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/06/07
   EC - Legislative proposal published
Details

PURPOSE: to authorise certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 1980 Hague Convention has been ratified by 93 countries, including all EU Member States. The Convention entered into force in Kazakhstan on 1 September 2013 . Only the Kingdom of the Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention.

At the international level, the European Union supports the accession of third States to the 1980 Convention in order for its Member States to rely upon a common legal framework to deal with international child abductions. An assessment of the situation in Kazakhstan has led to the conclusion that those Member States that have not yet accepted the accession of Kazakhstan are in a position to accept, in the interest of the Union, the accession of Kazakhstan under the terms of the 1980 Hague Convention.

CONTENT: this proposal for a Council Decision seeks to ensure that the 1980 Hague Convention on the Civil Aspects of International Child Abduction enters into force between the Kazakhstan and all EU Member States.

The Member States that have not yet done so are hereby authorised to accept the accession of Kazakhstan to the Hague Convention. The Netherlands has already accepted the accession of Kazakhstan 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

A8-0268/2016 - Angel Dzhambazki - Vote unique

2016/10/05 Outcome: +: 642, 0: 17, -: 4
DE FR IT ES PL GB RO PT EL HU CZ BE SE NL AT BG SK FI DK IE HR SI LV LT EE CY MT LU
Total
87
69
63
49
46
51
26
21
19
19
18
19
18
23
17
15
13
12
12
10
9
8
7
7
6
6
6
5
icon: PPE PPE
190

Finland PPE

2

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Cyprus PPE

1

Luxembourg PPE

3
icon: S&D S&D
174

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
61

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1

Denmark ALDE

2

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
57

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

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
46

United Kingdom Verts/ALE

4

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Netherlands Verts/ALE

1

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark 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
34

Germany ENF

For (1)

1

Poland ENF

For (1)

1

Romania ENF

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

3

Austria 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

For (1)

Against (1)

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)

activities
  • date
    2016-06-07T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0368/COM_COM(2016)0368_EN.pdf
      text
      • PURPOSE: to authorise certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 1980 Hague Convention has been ratified by 93 countries, including all EU Member States. The Convention entered into force in Kazakhstan on 1 September 2013. Only the Kingdom of the Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention.

        At the international level, the European Union supports the accession of third States to the 1980 Convention in order for its Member States to rely upon a common legal framework to deal with international child abductions. An assessment of the situation in Kazakhstan has led to the conclusion that those Member States that have not yet accepted the accession of Kazakhstan are in a position to accept, in the interest of the Union, the accession of Kazakhstan under the terms of the 1980 Hague Convention.

        CONTENT: this proposal for a Council Decision seeks to ensure that the 1980 Hague Convention on the Civil Aspects of International Child Abduction enters into force between the Kazakhstan and all EU Member States.

        The Member States that have not yet done so are hereby authorised to accept the accession of Kazakhstan to the Hague Convention. The Netherlands has already accepted the accession of Kazakhstan 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.

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  • The European Parliament adopted by 642 votes to 4, with 17 abstentions, a legislative resolution on the proposal for a Council decision authorising certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 Kazakhstan to the Convention, a Council decision is therefore necessary to authorise the Member States (except Denmark, which is excluded from the Union's civil justice policy, and the Netherlands, which have already accepted the accession of Kazakhstan) to accept that accession.

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  • PURPOSE: to authorise certain Member States to accept, in the interest of the European Union, the accession of Kazakhstan 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 1980 Hague Convention has been ratified by 93 countries, including all EU Member States. The Convention entered into force in Kazakhstan on 1 September 2013. Only the Kingdom of the Netherlands has already accepted the accession of Kazakhstan to the 1980 Hague Convention.

    At the international level, the European Union supports the accession of third States to the 1980 Convention in order for its Member States to rely upon a common legal framework to deal with international child abductions. An assessment of the situation in Kazakhstan has led to the conclusion that those Member States that have not yet accepted the accession of Kazakhstan are in a position to accept, in the interest of the Union, the accession of Kazakhstan under the terms of the 1980 Hague Convention.

    CONTENT: this proposal for a Council Decision seeks to ensure that the 1980 Hague Convention on the Civil Aspects of International Child Abduction enters into force between the Kazakhstan and all EU Member States.

    The Member States that have not yet done so are hereby authorised to accept the accession of Kazakhstan to the Hague Convention. The Netherlands has already accepted the accession of Kazakhstan 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.

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Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Kazakhstan, acceptance by certain Member States
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