BETA


2021/2060(INI) Protection of the rights of the child in civil, administrative and family law proceedings

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI VÁZQUEZ LÁZARA Adrián (icon: Renew Renew) ARIMONT Pascal (icon: EPP EPP), CHINNICI Caterina (icon: S&D S&D), BREYER Patrick (icon: Verts/ALE Verts/ALE), LEBRETON Gilles (icon: ID ID), AUBRY Manon (icon: GUE/NGL GUE/NGL)
Committee Opinion PETI ŽDANOKA Tatjana (icon: Verts/ALE Verts/ALE) Angel DZHAMBAZKI (icon: ECR ECR), Anne-Sophie PELLETIER (icon: GUE/NGL GUE/NGL), Stefania ZAMBELLI (icon: ID ID), Vlad GHEORGHE (icon: RE RE)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2022/04/05
   EP - Decision by Parliament
Details

The European Parliament adopted by 529 votes to 49, with 52 abstentions, a resolution on the protection of the rights of the child in civil, administrative and family law proceedings.

An increasing number of children and adolescents are coming into contact with the judicial system in civil, administrative and family law proceedings, mainly due to the increase in divorce, separation and adoption. In such proceedings, all children should be guaranteed non-discriminatory access to justice.

Child-friendly justice

Parliament called on the Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child are respected, guaranteed and implemented in full, and the best interests of the child are given the highest priority and are duly incorporated and consistently applied in every action taken by public institutions, especially in judicial proceedings, which has a direct or indirect impact on children.

Members recalled that children have the right to be heard , to express their views in any proceedings affecting their well-being and future living conditions and to participate in such proceedings in accordance with their age, maturity and language skills. The views of children should be taken into account whether the proceedings are conducted by a court or by any other competent authority.

The Commission is invited to present a set of co mmon guidelines or similar non-legislative instruments , including recommendations and best practices for Member States, to ensure that the hearing of the child is conducted by a judge or a qualified expert and that no pressure is exerted, including by parents.

Such hearings, notably in family law proceedings, should take place in a child-friendly setting . In cases of suspected domestic or family violence or where the child witnesses violence, the hearing should always take place in the presence of qualified professionals, doctors or psychologists.

Member States are called upon to:

- ensure easily accessible, understandable, comprehensive and child-friendly information on the rights of the child in civil, administrative and family law proceedings and the proceedings themselves, including those of a cross-border nature;

- enable access to free, publicly-funded, high-quality legal representation for children involved in civil, administrative and family disputes, including those of a cross-border nature;

- set up easily accessible, high-quality, personalised, free and publicly-funded advisory and child support services to provide, where necessary, the support of trained professionals and to provide the best support for the child throughout all stages of the proceedings;

- provide mandatory training courses on the rights and specific needs of the child for judges, other legal professionals and all other relevant parties involved in court and administrative proceedings concerning children.

An EU framework for the protection of the rights of the child in cross-border civil disputes

Members consider that children involved in civil or family law disputes should enjoy the same rights , level of protection, procedural safeguards and minimum standards in all Member States, regardless of the nationality of their parents.

Member States are called upon to:

- protect the best interests of the child in cross-border family proceedings, including by ensuring that laws and procedures do not discriminate between the parents on the basis of their nationality, country of residence or otherwise, and by refusing the assumption that the best interest of the child is always to remain within a particular Member State’s territory;

- respect the right of each child to maintain personal and direct contact with each parent, unless it is against the best interests of the child, regardless of family composition or biological relationship;

- effectively enforce judgments in cross-border family disputes concerning children in line with applicable EU law and the judgments of the Court of Justice, especially in cases related to cross-border parental child abductions but also separation, divorce, custody, adoption and foster care and decisions related to the recognition of parenthood, including same-sex couples;

- properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction;

- ensure that the financial costs of proceedings and additional costs inherent in cross-border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children.

The Commission is invited to assess the need for EU legislati on to harmonise procedural safeguards for children in cross-border family law proceedings. It should also urgently assess the most appropriate means, including a bilateral tool, to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children.

The European Parliament should be involved in any new or revised legislative proposal on cross-border civil and family law.

Mediation in cases concerning children

In many cases, family mediation has proved to be a quicker, cheaper and more child-friendly way of resolving the dispute than court proceedings, and could therefore help prevent future parental abductions. The use of alternative dispute resolutions should be encouraged, especially in cases of domestic violence and sexual abuse.

The Commission is invited to present a new proposal for a regulation on cross-border mediation, accompanied by an impact assessment, which establishes common standards for the cross-border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross-border cases, as well as common standards for cross-border mediation contracts.

Member States are invited to ensure that children have the opportunity to speak to a qualified and independent individual throughout the mediation process and facilitate access to legal aid for mediation in cross-border family disputes for parents with limited financial means.

Documents
2022/04/04
   EP - Debate in Parliament
2022/02/23
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted an own-initiative report by Adrián VÁZQUEZ LÁZARA (Renew Europe, ES) on the protection of the rights of the child in civil, administrative and family law proceedings.

Child-friendly justice

An increasing number of children and adolescents are coming into contact with the judicial system in civil, administrative and family law proceedings, mainly due to the increase in divorce, separation and adoption. In such proceedings, all children should be guaranteed non-discriminatory access to justice.

The report called on the Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child are respected, guaranteed and implemented in full, and the best interests of the child are given the highest priority and are duly incorporated and consistently applied in every action taken by public institutions, especially in judicial proceedings, which has a direct or indirect impact on children.

Members recalled that access to justice and the right to be heard are fundamental rights and that every child, irrespective of their social, economic or ethnic background, must be able to fully enjoy those rights in a personal capacity, independent of their parents or legal guardians.

Member States are called upon to:

- ensure easily accessible, understandable, comprehensive and child-friendly information on the rights of the child in civil, administrative and family law proceedings and the proceedings themselves, including those of a cross-border nature;

- enable access to free, publicly-funded, high-quality legal representation for children involved in civil, administrative and family disputes, including those of a cross-border nature;

- set up easily accessible, high-quality, personalised, free and publicly-funded advisory and child support services to provide, where necessary, the support of trained professionals and to provide the best support for the child throughout all stages of the proceedings;

- provide mandatory training courses on the rights and specific needs of the child for judges, other legal professionals and all other relevant parties involved in court and administrative proceedings concerning children;

- make sufficient resources available to ensure that civil, administrative and family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice, with appropriate respect for the child’s emotional and physical integrity, and without undue delay.

An EU framework for the protection of the rights of the child in cross-border civil disputes

The number of children born into families with a cross-border element is expected to increase with increased mobility. Although substantive civil law and family law remain within the competence of the Member States, it should be possible to establish harmonised rules on cross-border civil and family law at Union level.

Member States are called upon to:

- protect the best interests of the child in cross-border family proceedings, including by ensuring that laws and procedures do not discriminate between the parents on the basis of their nationality, country of residence or otherwise, and by refusing the assumption that the best interest of the child is always to remain within a particular Member State’s territory;

- respect the right of each child to maintain personal and direct contact with each parent , unless it is against the best interests of the child;

- effectively enforce judgments in cross-border family disputes concerning children in line with applicable EU law and the judgments of the Court of Justice, especially in cases related to cross-border parental child abductions but also separation, divorce, custody, adoption and foster care and decisions related to the recognition of parenthood, including same-sex couples;

- properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction;

- ensure that the financial costs of proceedings and additional costs inherent in cross-border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children.

The Commission is invited to assess the need for EU legislation to harmonise procedural safeguards for children in cross-border family law proceedings. It should also urgently assess the most appropriate means, including a bilateral tool , to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children.

Mediation in cases concerning children

The Commission is invited to present a new proposal for a regulation on cross-border mediation, accompanied by an impact assessment, which establishes common standards for the cross-border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross-border cases, as well as common standards for cross-border mediation contracts.

The report stressed that mediation can be an effective tool to protect the best interests of the child in cross-border parental abduction cases. In this respect, it highlighted good practices and ‘mediators in court model’ used by some Member States to resolve cross-border family disputes amicably and out of court.

Member States are invited to:

- set up pre-mediation offices to provide the parents and children concerned with all the information they need about the conduct of mediation and its possible costs and benefits;

- ensure that children have the opportunity to speak to a qualified and independent individual throughout the mediation process;

- facilitate access to legal aid for mediation in cross-border family disputes for parents with limited financial means.

Documents
2022/02/10
   EP - Vote in committee
2022/01/31
   EP - Committee opinion
Documents
2021/11/15
   EP - Amendments tabled in committee
Documents
2021/10/13
   EP - Committee draft report
Documents
2021/10/01
   EP - ŽDANOKA Tatjana (Verts/ALE) appointed as rapporteur in PETI
2021/07/12
   EP - VÁZQUEZ LÁZARA Adrián (Renew) appointed as rapporteur in JURI
2021/05/20
   EP - Committee referral announced in Parliament

Documents

Votes

Protection des droits de l’enfant dans les procédures relevant du droit civil, du droit administratif et du droit de la famille - Protection of the rights of the child in civil, administrative and family law proceedings - Schutz der Rechte des Kindes in zivil-, verwaltungs- und familienrechtlichen Verfahren - A9-0033/2022 - Adrián Vázquez Lázara - Proposition de résolution #

2022/04/05 Outcome: +: 529, 0: 52, -: 49
DE FR ES IT RO NL BE SE PT AT CZ EL DK BG IE SK FI HR LT EE CY LV SI MT LU PL HU
Total
93
56
54
71
29
27
20
21
19
17
21
18
13
14
12
13
12
12
10
7
6
7
5
5
5
50
13
icon: PPE PPE
161

Denmark PPE

For (1)

1

Slovakia PPE

Abstain (1)

4

Finland PPE

2

Estonia PPE

For (1)

1
2

Latvia PPE

2

Slovenia PPE

3

Malta PPE

For (1)

1

Luxembourg PPE

1

Hungary PPE

Against (1)

1
icon: S&D S&D
126

Czechia S&D

For (1)

1

Greece S&D

For (1)

1

Slovakia S&D

2

Finland S&D

1

Lithuania S&D

2

Estonia S&D

2

Cyprus S&D

2

Latvia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Hungary S&D

1
icon: Renew Renew
95

Italy Renew

3
3

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Croatia Renew

For (1)

1

Lithuania Renew

1

Estonia Renew

3

Latvia Renew

For (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Poland Renew

1

Hungary Renew

For (1)

1
icon: Verts/ALE Verts/ALE
68

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

2

Czechia Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Poland Verts/ALE

For (1)

1
icon: The Left The Left
33

France The Left

2

Netherlands The Left

For (1)

1

Belgium The Left

For (1)

1

Sweden The Left

For (1)

1

Czechia The Left

1

Denmark The Left

1

Ireland The Left

3

Finland The Left

For (1)

1

Cyprus The Left

2
icon: ID ID
55

Netherlands ID

Against (1)

1
3

Czechia ID

Against (1)

Abstain (1)

2

Denmark ID

For (1)

1

Finland ID

2

Estonia ID

For (1)

1
icon: NI NI
35

Germany NI

Against (1)

3

France NI

Abstain (1)

1

Slovakia NI

Abstain (1)

2

Croatia NI

Abstain (1)

2

Lithuania NI

1

Latvia NI

1
icon: ECR ECR
57

Germany ECR

Against (1)

1

Romania ECR

Against (1)

1

Belgium ECR

2

Sweden ECR

For (1)

3

Greece ECR

Abstain (1)

1

Bulgaria ECR

Against (1)

1

Slovakia ECR

For (1)

1

Croatia ECR

Against (1)

1

Lithuania ECR

Against (1)

1

Latvia ECR

For (1)

Against (1)

2
AmendmentsDossier
181 2021/2060(INI)
2021/11/15 JURI 127 amendments...
source: 700.454
2021/12/09 PETI 54 amendments...
source: 702.962

History

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

docs/3
date
2022-04-05T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0104_EN.html title: T9-0104/2022
type
Text adopted by Parliament, single reading
body
EP
events/4/summary
  • The European Parliament adopted by 529 votes to 49, with 52 abstentions, a resolution on the protection of the rights of the child in civil, administrative and family law proceedings.
  • An increasing number of children and adolescents are coming into contact with the judicial system in civil, administrative and family law proceedings, mainly due to the increase in divorce, separation and adoption. In such proceedings, all children should be guaranteed non-discriminatory access to justice.
  • Child-friendly justice
  • Parliament called on the Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child are respected, guaranteed and implemented in full, and the best interests of the child are given the highest priority and are duly incorporated and consistently applied in every action taken by public institutions, especially in judicial proceedings, which has a direct or indirect impact on children.
  • Members recalled that children have the right to be heard , to express their views in any proceedings affecting their well-being and future living conditions and to participate in such proceedings in accordance with their age, maturity and language skills. The views of children should be taken into account whether the proceedings are conducted by a court or by any other competent authority.
  • The Commission is invited to present a set of co mmon guidelines or similar non-legislative instruments , including recommendations and best practices for Member States, to ensure that the hearing of the child is conducted by a judge or a qualified expert and that no pressure is exerted, including by parents.
  • Such hearings, notably in family law proceedings, should take place in a child-friendly setting . In cases of suspected domestic or family violence or where the child witnesses violence, the hearing should always take place in the presence of qualified professionals, doctors or psychologists.
  • Member States are called upon to:
  • - ensure easily accessible, understandable, comprehensive and child-friendly information on the rights of the child in civil, administrative and family law proceedings and the proceedings themselves, including those of a cross-border nature;
  • - enable access to free, publicly-funded, high-quality legal representation for children involved in civil, administrative and family disputes, including those of a cross-border nature;
  • - set up easily accessible, high-quality, personalised, free and publicly-funded advisory and child support services to provide, where necessary, the support of trained professionals and to provide the best support for the child throughout all stages of the proceedings;
  • - provide mandatory training courses on the rights and specific needs of the child for judges, other legal professionals and all other relevant parties involved in court and administrative proceedings concerning children.
  • An EU framework for the protection of the rights of the child in cross-border civil disputes
  • Members consider that children involved in civil or family law disputes should enjoy the same rights , level of protection, procedural safeguards and minimum standards in all Member States, regardless of the nationality of their parents.
  • Member States are called upon to:
  • - protect the best interests of the child in cross-border family proceedings, including by ensuring that laws and procedures do not discriminate between the parents on the basis of their nationality, country of residence or otherwise, and by refusing the assumption that the best interest of the child is always to remain within a particular Member State’s territory;
  • - respect the right of each child to maintain personal and direct contact with each parent, unless it is against the best interests of the child, regardless of family composition or biological relationship;
  • - effectively enforce judgments in cross-border family disputes concerning children in line with applicable EU law and the judgments of the Court of Justice, especially in cases related to cross-border parental child abductions but also separation, divorce, custody, adoption and foster care and decisions related to the recognition of parenthood, including same-sex couples;
  • - properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction;
  • - ensure that the financial costs of proceedings and additional costs inherent in cross-border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children.
  • The Commission is invited to assess the need for EU legislati on to harmonise procedural safeguards for children in cross-border family law proceedings. It should also urgently assess the most appropriate means, including a bilateral tool, to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children.
  • The European Parliament should be involved in any new or revised legislative proposal on cross-border civil and family law.
  • Mediation in cases concerning children
  • In many cases, family mediation has proved to be a quicker, cheaper and more child-friendly way of resolving the dispute than court proceedings, and could therefore help prevent future parental abductions. The use of alternative dispute resolutions should be encouraged, especially in cases of domestic violence and sexual abuse.
  • The Commission is invited to present a new proposal for a regulation on cross-border mediation, accompanied by an impact assessment, which establishes common standards for the cross-border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross-border cases, as well as common standards for cross-border mediation contracts.
  • Member States are invited to ensure that children have the opportunity to speak to a qualified and independent individual throughout the mediation process and facilitate access to legal aid for mediation in cross-border family disputes for parents with limited financial means.
docs/3
date
2022-04-05T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0104_EN.html title: T9-0104/2022
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  • date: 2022-04-04T00:00:00 title: Debate in plenary scheduled
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url: https://www.europarl.europa.eu/doceo/document/A-9-2022-0033_EN.html title: A9-0033/2022
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Committee report tabled for plenary, single reading
body
EP
events/2/summary
  • The Committee on Legal Affairs adopted an own-initiative report by Adrián VÁZQUEZ LÁZARA (Renew Europe, ES) on the protection of the rights of the child in civil, administrative and family law proceedings.
  • Child-friendly justice
  • An increasing number of children and adolescents are coming into contact with the judicial system in civil, administrative and family law proceedings, mainly due to the increase in divorce, separation and adoption. In such proceedings, all children should be guaranteed non-discriminatory access to justice.
  • The report called on the Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child are respected, guaranteed and implemented in full, and the best interests of the child are given the highest priority and are duly incorporated and consistently applied in every action taken by public institutions, especially in judicial proceedings, which has a direct or indirect impact on children.
  • Members recalled that access to justice and the right to be heard are fundamental rights and that every child, irrespective of their social, economic or ethnic background, must be able to fully enjoy those rights in a personal capacity, independent of their parents or legal guardians.
  • Member States are called upon to:
  • - ensure easily accessible, understandable, comprehensive and child-friendly information on the rights of the child in civil, administrative and family law proceedings and the proceedings themselves, including those of a cross-border nature;
  • - enable access to free, publicly-funded, high-quality legal representation for children involved in civil, administrative and family disputes, including those of a cross-border nature;
  • - set up easily accessible, high-quality, personalised, free and publicly-funded advisory and child support services to provide, where necessary, the support of trained professionals and to provide the best support for the child throughout all stages of the proceedings;
  • - provide mandatory training courses on the rights and specific needs of the child for judges, other legal professionals and all other relevant parties involved in court and administrative proceedings concerning children;
  • - make sufficient resources available to ensure that civil, administrative and family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice, with appropriate respect for the child’s emotional and physical integrity, and without undue delay.
  • An EU framework for the protection of the rights of the child in cross-border civil disputes
  • The number of children born into families with a cross-border element is expected to increase with increased mobility. Although substantive civil law and family law remain within the competence of the Member States, it should be possible to establish harmonised rules on cross-border civil and family law at Union level.
  • Member States are called upon to:
  • - protect the best interests of the child in cross-border family proceedings, including by ensuring that laws and procedures do not discriminate between the parents on the basis of their nationality, country of residence or otherwise, and by refusing the assumption that the best interest of the child is always to remain within a particular Member State’s territory;
  • - respect the right of each child to maintain personal and direct contact with each parent , unless it is against the best interests of the child;
  • - effectively enforce judgments in cross-border family disputes concerning children in line with applicable EU law and the judgments of the Court of Justice, especially in cases related to cross-border parental child abductions but also separation, divorce, custody, adoption and foster care and decisions related to the recognition of parenthood, including same-sex couples;
  • - properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction;
  • - ensure that the financial costs of proceedings and additional costs inherent in cross-border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children.
  • The Commission is invited to assess the need for EU legislation to harmonise procedural safeguards for children in cross-border family law proceedings. It should also urgently assess the most appropriate means, including a bilateral tool , to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children.
  • Mediation in cases concerning children
  • The Commission is invited to present a new proposal for a regulation on cross-border mediation, accompanied by an impact assessment, which establishes common standards for the cross-border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross-border cases, as well as common standards for cross-border mediation contracts.
  • The report stressed that mediation can be an effective tool to protect the best interests of the child in cross-border parental abduction cases. In this respect, it highlighted good practices and ‘mediators in court model’ used by some Member States to resolve cross-border family disputes amicably and out of court.
  • Member States are invited to:
  • - set up pre-mediation offices to provide the parents and children concerned with all the information they need about the conduct of mediation and its possible costs and benefits;
  • - ensure that children have the opportunity to speak to a qualified and independent individual throughout the mediation process;
  • - facilitate access to legal aid for mediation in cross-border family disputes for parents with limited financial means.
docs/3
date
2022-02-23T00:00:00
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  • date: 2022-03-07T00:00:00 title: Indicative plenary sitting date
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  • date: 2021-09-13T00:00:00 docs: title: PE696.565 type: Committee draft report body: EP
committees/0
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EP
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Legal Affairs
committee
JURI
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False
rapporteur
name: VÁZQUEZ LÁZARA Adrián date: 2021-07-12T00:00:00 group: Renew Europe group abbr: Renew
shadows
committees/0
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Responsible Committee
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EP
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Legal Affairs
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JURI
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commission
  • body: EC dg: Justice and Consumers commissioner: REYNDERS Didier