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 - 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 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
51
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
62

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
47

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)

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/2016/0368/COM_COM(2016)0368_EN.pdf title: COM(2016)0368 type: Legislative proposal published celexid: CELEX:52016PC0368: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=A8-2016-0268&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0268/2016 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=27615&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-2016-0373 type: Decision by Parliament, 1st reading/single reading title: T8-0373/2016 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
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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=PE587.432 title: PE587.432 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=A8-2016-0268&language=EN title: A8-0268/2016 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/2016/0368/COM_COM(2016)0368_EN.pdf title: COM(2016)0368 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0368 title: EUR-Lex summary: 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.
  • 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=A8-2016-0268&language=EN title: A8-0268/2016
  • 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=27615&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-2016-0373 title: T8-0373/2016 summary: 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.
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/8/06792
New
  • JURI/8/06792
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
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CELEX:52016PC0368: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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  • 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.

activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0373 type: Decision by Parliament, 1st reading/single reading title: T8-0373/2016
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committees/0/shadows
  • group: EPP name: RADEV Emil
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committees/0/date
2016-07-11T00:00:00
committees/0/rapporteur
  • group: ECR name: DZHAMBAZKI Angel
activities/0/docs/0/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.

activities/1
date
2016-07-04T00:00:00
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committees
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JURI/8/06792
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/2016/0368/COM_COM(2016)0368_EN.pdf title: COM(2016)0368 type: Legislative proposal published celexid: CELEX:52016PC0368: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
2016/0169(NLE)
title
Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Kazakhstan, acceptance by certain Member States
geographical_area
Kazakhstan
stage_reached
Preparatory phase in Parliament
subtype
Consultation of Parliament
type
NLE - Non-legislative enactments
subject