BETA


2021/0178(NLE) Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Philippines

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead JURI LEBRETON Gilles (icon: ID ID) CHINNICI Caterina (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
TFEU 081-p3-a1, TFEU 218-p6a

Events

2021/11/25
   EP - Decision by Parliament
Details

The European Parliament adopted by 681 votes to 0, with 7 abstentions, a legislative resolution on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interests of the European Union, the accession of the Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The European Parliament approved the authorisation for EU Member States to accept, in the interest of the European Union, the accession of the Philippines to the 1980 Hague Convention on the civil aspects of international child abduction.

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction has been ratified by 101 countries, including all EU Member States. It establishes a system whereby Contracting States cooperate to find a prompt settlement of cases of international child abduction, while ensuring that the best interests of children are safeguarded at all times in matters related to their custody.

The Convention aims to protect children internationally from the harmful effects of their wrongful removal or retention by establishing procedures to ensure their prompt return to the State of habitual residence, as well as by securing protection of rights of access.

The existence of an exclusive external competence of the European Union to accept the accession of a third State to the 1980 Convention has been confirmed by the Court of Justice of the European Union.

The fact that the Convention does not provide for autonomous action by international organisations has rendered necessary a Council Decision calling on Member States to accept, each in respect of its own territory, the accession of the Philippines to the Convention, and hence the effective entry into force of the Convention between the European Union and that country.

The accession of the Philippines to the 1980 Convention will ensure that the children concerned will benefit from full EU-wide protection.

Documents
2021/11/03
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2021/11/03
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2021/10/28
   EP - Vote in committee
2021/10/08
   EP - Committee draft report
Documents
2021/10/04
   EP - Committee referral announced in Parliament
2021/07/12
   EP - LEBRETON Gilles (ID) appointed as rapporteur in JURI
2021/07/06
   EC - Legislative proposal published
Details

PURPOSE: to authorise the Member States of the European Union to accept the accession of the Philippines 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 Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which has so far been ratified by 101 countries, including all EU Member States, aims to restore the status quo through the prompt return of children who have been wrongfully removed or retained, by means of a system of cooperation between the central authorities appointed by the contracting parties.

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) whose main aim is to deter child abduction between Member States by establishing procedures to ensure the child's prompt return to the Member State of his/her habitual residence.

As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Hague Convention and encourages third States to accede to it.

Philippines deposited the accession instrument to the 1980 Hague Convention on 16 March 2016. The Convention entered into force in the Philippines on 1st June 2016.

On 14 October 2014, Opinion 1/13 of the Court of Justice of the European Union stated that the exclusive competence of the European Union encompasses the acceptance of the accession of a third state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The decision whether to accept the accession of Philippines has to be taken at EU level by means of a Council Decision.

The overwhelming majority of the Member States of the European Union, consulted by the Commission on their willingness to accept the accession of the Philippines to the 1980 Hague Convention, gave a favourable opinion.

18 Council Decisions have been already adopted between June 2015 and February 2019 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 26 third countries.

CONTENT: the Commission proposes that the EU Member States be authorised to accept the accession of the Philippines to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the Union.

The Member States of the European Union should, no later than twelve months after the date of adoption of the proposed Decision, deposit a declaration of acceptance of the accession of Philippines to the 1980 Hague Convention in the interest of the Union.

The acceptance of the Member States of the European Union would render the 1980 Hague Convention applicable between the Philippines and the EU Member States except Denmark.

Ireland is bound by Regulation (EC) No 2201/2003 and therefore participates in the adoption and application of this Decision.

Documents

Votes

Convention de La Haye de 1980 sur les aspects civils de l'enlèvement international d'enfants: adhésion des Philippines - Hague Convention (1980) on the Civil Aspects of International Child Abduction: accession of Philippines - Haager Übereinkommen von 1980 über die zivilrechtlichen Aspekte internationaler Kindesentführung: Beitritt der Philippinen - A9-0300/2021 - Gilles Lebreton - Proposition de décision du Conseil #

2021/11/25 Outcome: +: 681, 0: 7
DE IT FR ES PL RO NL SE CZ HU PT EL AT BG BE FI DK SK IE HR LT LV SI EE MT CY LU
Total
94
75
74
58
52
33
27
21
21
21
20
19
19
17
19
14
14
13
13
12
11
8
8
7
6
6
6
icon: PPE PPE
178

Hungary PPE

1

Denmark PPE

For (1)

1

Latvia PPE

2

Estonia PPE

For (1)

1

Malta PPE

2
2

Luxembourg PPE

2
icon: S&D S&D
136

France S&D

1

Czechia S&D

For (1)

1

Greece S&D

2

Belgium S&D

1

Lithuania S&D

2

Latvia S&D

2

Slovenia S&D

2

Estonia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1
icon: Renew Renew
98

Italy Renew

3

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Ireland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Estonia Renew

3

Luxembourg Renew

2
icon: Verts/ALE Verts/ALE
71

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Sweden Verts/ALE

3

Czechia Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

3

Belgium Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Lithuania Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: ID ID
68

Czechia ID

2
3

Finland ID

2

Denmark ID

For (1)

1

Estonia ID

For (1)

1
icon: ECR ECR
63

Germany ECR

1

Romania ECR

1

Greece ECR

1

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Croatia ECR

1

Lithuania ECR

1

Latvia ECR

2
icon: The Left The Left
37

Netherlands The Left

For (1)

1

Sweden The Left

For (1)

1

Czechia The Left

1

Belgium The Left

For (1)

1

Finland The Left

For (1)

1

Denmark The Left

1

Cyprus The Left

2
icon: NI NI
37

Germany NI

2

Netherlands NI

Abstain (1)

1

Slovakia NI

2

Croatia NI

Abstain (1)

2

Lithuania NI

1

History

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

procedure/geographical_area
  • Philippines
procedure/subject/4.10.02
Family policy, family law, parental leave
procedure/subject/4.10.03
Child protection, children's rights
procedure/subject/7.40.02
Judicial cooperation in civil and commercial matters
events/0
date
2021-07-06T00:00:00
type
Legislative proposal published
body
EC
docs
summary
events/0
date
2021-07-06T00:00:00
type
Legislative proposal published
body
EC
docs
summary
procedure/geographical_area
  • Philippines
procedure/subject/4.10.02
Family policy, family law, parental leave
procedure/subject/4.10.03
Child protection, children's rights
procedure/subject/7.40.02
Judicial cooperation in civil and commercial matters
docs/2
date
2021-11-25T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2021-0475_EN.html title: T9-0475/2021
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/4/summary
  • The European Parliament adopted by 681 votes to 0, with 7 abstentions, a legislative resolution on the proposal for a Council decision authorising the Member States of the European Union to accept, in the interests of the European Union, the accession of the Philippines to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
  • The European Parliament approved the authorisation for EU Member States to accept, in the interest of the European Union, the accession of the Philippines to the 1980 Hague Convention on the civil aspects of international child abduction.
  • The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction has been ratified by 101 countries, including all EU Member States. It establishes a system whereby Contracting States cooperate to find a prompt settlement of cases of international child abduction, while ensuring that the best interests of children are safeguarded at all times in matters related to their custody.
  • The Convention aims to protect children internationally from the harmful effects of their wrongful removal or retention by establishing procedures to ensure their prompt return to the State of habitual residence, as well as by securing protection of rights of access.
  • The existence of an exclusive external competence of the European Union to accept the accession of a third State to the 1980 Convention has been confirmed by the Court of Justice of the European Union.
  • The fact that the Convention does not provide for autonomous action by international organisations has rendered necessary a Council Decision calling on Member States to accept, each in respect of its own territory, the accession of the Philippines to the Convention, and hence the effective entry into force of the Convention between the European Union and that country.
  • The accession of the Philippines to the 1980 Convention will ensure that the children concerned will benefit from full EU-wide protection.
docs/2
date
2021-11-25T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2021-0475_EN.html title: T9-0475/2021
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/4
date
2021-11-25T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2021-0475_EN.html title: T9-0475/2021
forecasts
  • date: 2021-11-25T00:00:00 title: Vote in plenary scheduled
procedure/stage_reached
Old
Awaiting Parliament's vote
New
Awaiting final decision
forecasts/0
date
2021-11-25T00:00:00
title
Vote in plenary scheduled
forecasts/0
date
2021-11-22T00:00:00
title
Indicative plenary sitting date
docs/1
date
2021-11-03T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2021-0300_EN.html title: A9-0300/2021
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/3/docs
  • url: https://www.europarl.europa.eu/doceo/document/A-9-2021-0300_EN.html title: A9-0300/2021
events/3
date
2021-11-03T00:00:00
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's vote
events/2
date
2021-10-28T00:00:00
type
Vote in committee
body
EP
procedure/Other legal basis
Rules of Procedure EP 159
events/1
date
2021-10-04T00:00:00
type
Committee referral announced in Parliament
body
EP
procedure/dossier_of_the_committee
  • JURI/9/06653
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
docs/0
date
2021-10-08T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/JURI-PR-697600_EN.html title: PE697.600
type
Committee draft report
body
EP
docs/0
date
2021-07-06T00:00:00
docs
type
Legislative proposal
body
EC
forecasts
  • date: 2021-11-22T00:00:00 title: Indicative plenary sitting date
committees/0/shadows
  • name: CHINNICI Caterina group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0/rapporteur
  • name: LEBRETON Gilles date: 2021-07-12T00:00:00 group: Identity and Democracy abbr: ID
commission
  • body: EC dg: Justice and Consumers commissioner: REYNDERS Didier
events/0/summary
  • PURPOSE: to authorise the Member States of the European Union to accept the accession of the Philippines 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 Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which has so far been ratified by 101 countries, including all EU Member States, aims to restore the status quo through the prompt return of children who have been wrongfully removed or retained, by means of a system of cooperation between the central authorities appointed by the contracting parties.
  • 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) whose main aim is to deter child abduction between Member States by establishing procedures to ensure the child's prompt return to the Member State of his/her habitual residence.
  • As the prevention of child abduction is an essential part of the EU policy to promote the rights of the child, the European Union is active at international level to improve the application of the 1980 Hague Convention and encourages third States to accede to it.
  • Philippines deposited the accession instrument to the 1980 Hague Convention on 16 March 2016. The Convention entered into force in the Philippines on 1st June 2016.
  • On 14 October 2014, Opinion 1/13 of the Court of Justice of the European Union stated that the exclusive competence of the European Union encompasses the acceptance of the accession of a third state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The decision whether to accept the accession of Philippines has to be taken at EU level by means of a Council Decision.
  • The overwhelming majority of the Member States of the European Union, consulted by the Commission on their willingness to accept the accession of the Philippines to the 1980 Hague Convention, gave a favourable opinion.
  • 18 Council Decisions have been already adopted between June 2015 and February 2019 in order to accept the accession to the 1980 Hague Convention on International Child Abduction of 26 third countries.
  • CONTENT: the Commission proposes that the EU Member States be authorised to accept the accession of the Philippines to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction in the interest of the Union.
  • The Member States of the European Union should, no later than twelve months after the date of adoption of the proposed Decision, deposit a declaration of acceptance of the accession of Philippines to the 1980 Hague Convention in the interest of the Union.
  • The acceptance of the Member States of the European Union would render the 1980 Hague Convention applicable between the Philippines and the EU Member States except Denmark.
  • Ireland is bound by Regulation (EC) No 2201/2003 and therefore participates in the adoption and application of this Decision.