PURPOSE: to authorise certain Member States to accept,
in the interest of the European Union, the accession of the
Republic of Korea 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. The Convention
entered into force in the Republic of Korea on 1st March 2013.
Several Member States have already accepted the accession of the
Republic of Korea 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 the Republic of Korea has led to the conclusion
that those Member States that have not yet accepted the accession
of the Republic of Korea are in a position to accept, in the
interest of the Union, the accession of the Republic of Korea 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
Republic of Korea and all EU Member States.
The Member States that have not yet done so are hereby
authorised to accept the accession of the Republic of Korea to the
Hague Convention. The Czech Republic, Ireland and the Republic of
Lithuania which have already accepted the accession of the Republic
of Korea to the 1980 Hague Convention should not deposit new
declarations of acceptance as the existing declarations 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.