Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | VÁZQUEZ LÁZARA Adrián ( Renew) | ARIMONT Pascal ( EPP), CHINNICI Caterina ( S&D), BREYER Patrick ( Verts/ALE), LEBRETON Gilles ( ID), AUBRY Manon ( GUE/NGL) |
Committee Opinion | PETI | ŽDANOKA Tatjana ( Verts/ALE) | Angel DZHAMBAZKI ( ECR), Anne-Sophie PELLETIER ( GUE/NGL), Stefania ZAMBELLI ( ID), Vlad GHEORGHE ( RE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
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.
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
- Decision by Parliament: T9-0104/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A9-0033/2022
- Committee opinion: PE700.424
- Amendments tabled in committee: PE700.454
- Committee draft report: PE696.565
- Committee draft report: PE696.565
- Amendments tabled in committee: PE700.454
- Committee opinion: PE700.424
Activities
- Stanislav POLČÁK
- Michal ŠIMEČKA
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
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 #
Amendments | Dossier |
181 |
2021/2060(INI)
2021/11/15
JURI
127 amendments...
Amendment 1 #
Motion for a resolution Citation 4 — having regard to the UN Convention on the Rights of the Child, in particular article 35 thereof,
Amendment 100 #
Motion for a resolution Paragraph 8 8.
Amendment 101 #
Motion for a resolution Paragraph 8 a (new) Amendment 102 #
Motion for a resolution Paragraph 9 9.
Amendment 103 #
Motion for a resolution Paragraph 9 a (new) 9a. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial and other legal responses to child and intimate partner violence, and calls therefore on the Member States to adopt measures to link criminal and civil case of one family in particular, when children are involved, so that discrepancies between judicial and other legal decisions that are harmful to children can be effectively avoided;
Amendment 104 #
Motion for a resolution Paragraph 10 a (new) 10a. Urges the Member States to ensure that child-friendly information on the legal proceedings at hand is made available in a language that is understood by the child concerned;
Amendment 105 #
Motion for a resolution Paragraph 10 b (new) 10b. Calls on the Member States to respect the right of children to stay in touch and see their parents despite the restrictive measures linked to the COVID- 19 pandemic, as long as this does not endanger their safety and health;
Amendment 106 #
Motion for a resolution Paragraph 11 11. Calls on the Commission and the Member States to provide appropriate training on the new rules for central authorities, judges and other legal professionals involved in cross-border disputes, including on the hearing of the child and the possible use of mediation in such cases; emphasises that such training should provide for a sufficient level of knowledge and expertise on cross-border family proceedings;
Amendment 107 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Commission to provide a guide to good practice on the recast of Brussels IIa Regulation;
Amendment 108 #
Motion for a resolution Paragraph 11 b (new) 11b. Calls on the Member States to ensure that financial costs of proceedings and additional costs inherent to cross- border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children; calls on the Member States to make the information on the possible legal aid in such cases available and accessible;
Amendment 109 #
Motion for a resolution Paragraph 12 12. Notes that the United Kingdom no longer participates in cooperation under the Brussels IIa Regulation and Maintenance Regulation; calls on the Commission to urgently assess the
Amendment 11 #
Motion for a resolution Citation 12 b (new) Amendment 110 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Commission to identify and implement an instrument or bilateral agreements between the EU and Norway, Iceland and Switzerland regarding the need to comply with this resolution;
Amendment 111 #
Motion for a resolution Paragraph 14 14. Calls on the Commission, in this regard, to take due consideration of Parliament’s resolution of 2 February 2017 on cross-border aspects of adoptions, and reiterates its call for, including the annex thereto providing for the adoption of a regulation on the cross-border recognition of adoption orders, in order to create a clear legal framework and provide families with the necessary legal certainty for an adoption order legally issued in one Member State to be recognised in another;
Amendment 112 #
Motion for a resolution Paragraph 15 15. Calls on the Commission and the Council to duly inform and include Parliament in any new or revised
Amendment 113 #
Motion for a resolution Paragraph 15 a (new) 15a. Considers the Hague Convention to be a vital instrument for ensuring the best interest of the child in cases of international child abduction and that having new countries joining this Convention is to be welcomed by the EU. Therefore encourages the Commission to swiftly process with its assessment of the accession of new countries and calls on Member States not to hesitate to accept the accession;
Amendment 114 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to continue to expand the research and collection of data on the child-friendly justice and best practices in the field in Member States under the EU Justice Scoreboard;
Amendment 115 #
Motion for a resolution Paragraph 15 a (new) 15a. Encourages the Commission to explore to what extent legislation on cross-border relocation in cases of custody proceedings could be harmonized;
Amendment 116 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls on the Commission and the Member States to collect data on the cross-border civil disputes involving children like custody, access and parental child abduction cases; calls on the Commission to include those data into the EU Justice Scoreboard;
Amendment 117 #
Motion for a resolution Paragraph 15 b (new) 15b. Invites the Commission to consider setting up a one-stop-shop pooling expertise and serving as an information exchange platform for proceedings concerning the rights of the child in cross-border civil disputes;
Amendment 118 #
Motion for a resolution Paragraph 16 16. Calls on the Commission to put forward a new proposal for
Amendment 119 #
Motion for a resolution Paragraph 16 16. Calls on the Commission to
Amendment 12 #
Motion for a resolution Recital -A (new) -A. Whereas an increasing number of children and adolescents come into contact with the judicial system in civil, administrative and family law areas, mainly due to the increase in the number of divorces and separations, but also because of adoption, migration, etc.;
Amendment 120 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Commission and Member States to continue to support existing networks of mediators in cross- border family disputes;
Amendment 121 #
Motion for a resolution Paragraph 17 17. Calls on the Member States to
Amendment 122 #
Motion for a resolution Paragraph 17 17. Calls on the Member States to establish pre-mediation offices in order to provide parents and children concerned with all the information they need about the conduct of mediation and its possible costs and benefits; highlights that some Member States have already established such offices or are seeking to do so;
Amendment 123 #
Motion for a resolution Paragraph 17 17.
Amendment 124 #
Motion for a resolution Paragraph 17 a (new) 17a. Underlines that mediation can be an effective tool used to protect the best interest of the child in cases of cross- border parental child abductions; points out in this regard to the existing good practices and the use of “Mediators in Court Model” in some Member States for resolving cross-border family disputes in amicable, out-of-court way;
Amendment 125 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Member States to ensure that throughout the mediation process children have the possibility to talk to a qualified and independent person that can provide them with child-friendly information and support;
Amendment 126 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Member States to facilitate access to legal aid for mediation for cases of cross-border family disputes for parents with limited financial means;
Amendment 127 #
Motion for a resolution Paragraph 18 18. Underlines the need to explore the use of online tools in mediation, including video conferencing, in the case of long- distance disputes or disputes affected by extraordinary circumstances, such as the COVID-19 pandemic;
Amendment 13 #
Motion for a resolution Recital -A (new) -A. Whereas all children should be guaranteed non-discriminatory access to justice;
Amendment 14 #
Motion for a resolution Recital -A a (new) -Aa. whereas access to justice should include, in particular, access to courts and to alternative methods of dispute resolution;
Amendment 15 #
Motion for a resolution Recital A A. whereas children and adolescents have the right to be heard and to express their views in any proceedings concerning their well-being and future life arrangements, regardless of whether the proceedings are organised by a public authority or a private institution;
Amendment 16 #
Motion for a resolution Recital A A. whereas children
Amendment 17 #
Motion for a resolution Recital A A. whereas children and adolescents have the right to be heard
Amendment 18 #
Motion for a resolution Recital A a (new) Aa. whereas the European Union is committed to ensuring that every child’s rights are respected, protected and exercised with a view to building a healthier, more resilient, more equitable and fairer society for all;
Amendment 19 #
Motion for a resolution Recital B B. whereas participation in court and
Amendment 2 #
Motion for a resolution Citation 5 a (new) — having regard to Council of Europe resolution 2079 (2015) on equality and shared parental responsibility: the role of fathers,
Amendment 20 #
Motion for a resolution Recital B B. whereas participation in court and administrative proceedings should take place in a comfortable and child-friendly environment that will not cause additional trauma or stress for the child;
Amendment 21 #
Motion for a resolution Recital B B. whereas participation in court and
Amendment 22 #
Motion for a resolution Recital B a (new) Ba. whereas children in the home and family environment, in a situation where there is conflict between parents, may be victims of ‘witnessed violence’ through experiencing any form of ill treatment carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to such types of violence at the hearing of the child in separations and foster care cases, ensuring that the best interests of the child are the primary consideration;
Amendment 23 #
Motion for a resolution Recital C C. whereas the Member States are obliged to establish procedural safeguards, guarantees and rules which
Amendment 24 #
Motion for a resolution Recital C C. whereas the Member States are obliged to establish procedural rules which govern hearings of the child, so as to minimise any distress to them; whereas these provisions differ greatly between the Member States however;
Amendment 25 #
Motion for a resolution Recital D D. whereas children have the right to be duly informed in an easy understandable manner in accordance with the age and maturity of the child at every step of the court and administrative proceedings concerning them;
Amendment 26 #
Motion for a resolution Recital D D. whereas children have the right to be duly informed, in language they can understand, at every step of the court and administrative proceedings concerning them;
Amendment 27 #
Motion for a resolution Recital D a (new) Da. whereas11 out of 27 Member States do not provide access to online targeted information for children about the judicial system;
Amendment 28 #
Motion for a resolution Recital D b (new) Db. Whereas migrant, refugee and asylum-seeking children as well as undocumented and unaccompanied children face additional barriers to fully enjoy access to justice, including due to a lack of knowledge of the language and marginalised position;
Amendment 29 #
Motion for a resolution Recital E E. whereas in civil, administrative and family law proceedings, and especially in cross-border cases, children have limited possibilities to be represented by a legal professional or counsel;
Amendment 3 #
Motion for a resolution Citation 9 a (new) — having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 30 #
Motion for a resolution Recital E a (new) Ea. Whereas experience has shown, for example with the Kindbehartiger in the Netherlands as well as Youth At Risk in Flanders, the positive impact of having a dedicated and independent person of trust that supports and accompanies the child throughout the process of legal proceedings, including in cases of mediation;
Amendment 31 #
Motion for a resolution Recital E b (new) Eb. whereas the best interest of the child and access to justice for all children cannot been ensured if their participation in civil, administrative and family law proceedings and the use of accompanying supportive services, is depending on the willingness or financial capability of parents, in particular as the costs of such proceedings and services can be very high;
Amendment 32 #
Motion for a resolution Recital F F. whereas courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; whereas such decisions should be made on an individual basis, tailored to the age and needs of each child, taking into consideration the specific circumstances of the child and their family and only after the child has been heard;
Amendment 33 #
Motion for a resolution Recital F F. whereas courts, administrative bodies and social welfare institutions should make the best interests of the child
Amendment 34 #
Motion for a resolution Recital F a (new) Fa. whereas the EU and Member States are under the obligation to promote the rights of the child, inter alia by means of child-friendly justice, in the implementation of all actions under the Justice Programme;
Amendment 35 #
G. whereas although substantive civil and family law remains a competence of the Member States, harmonized rules on cross-border civil and family law may be established at EU level;
Amendment 36 #
Motion for a resolution Recital I a (new) Ia. whereas Member States, as parties to the United Nations Convention on the Rights of the Child, must hold the best interests of the child as a primary consideration in all public action, including when dealing with cross-border family disputes;
Amendment 37 #
Motion for a resolution Recital I b (new) Amendment 38 #
Motion for a resolution Recital J J. whereas the lack of effective and harmonised procedures for the enforcement of judgements concerning parental responsibility, access rights, parental child abductions or maintenance obligations in cross-border cases is detrimental to the best interests of the child;
Amendment 39 #
Motion for a resolution Recital J J. whereas
Amendment 4 #
Motion for a resolution Citation 9 a (new) — having regard to Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice Programme and repealing Regulation (EU) No 1382/2013,3a _________________ 3a OJL 156, 5.5.2021, p. 21.
Amendment 40 #
Motion for a resolution Recital K K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection
Amendment 41 #
Motion for a resolution Recital K K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, regardless of the nationality of their parents;
Amendment 42 #
Motion for a resolution Recital K a (new) Amendment 43 #
Motion for a resolution Recital L L. whereas the best interests of the child should always be the primary consideration in all decisions concerning children and whereas every child has a right to know and be cared for by their parents; whereas in the case of separation, every child has a right to maintain personal relations and direct contact with both parents on a regular basis
Amendment 44 #
Motion for a resolution Recital L L. whereas every child has a right to know and be cared for by their parents; whereas in the case of separation, every child has a right to maintain personal relations and direct contact
Amendment 45 #
Motion for a resolution Recital M M. whereas the lack of common EU rules on the recognition of judgments on parenthood
Amendment 46 #
Motion for a resolution Recital M M. whereas the lack of common EU rules on the recognition of judgments on parenthood, particularly in cases involving same-sex parents, may result in a loss of parental rights, may infringe the right of
Amendment 47 #
Motion for a resolution Recital M a (new) Ma. Whereas the Hague Convention introduces a system of international cooperation between countries to promptly settle cases of international child abduction. Whereas to date it has been ratified by 101 countries, including all the EU Member States;
Amendment 48 #
Motion for a resolution Recital M a (new) Ma. whereas, despite the efforts to date, the EU does not have sufficient data on judicial proceedings involving children, nor do the specialised courts dealing with them;
Amendment 49 #
Motion for a resolution Recital N N. whereas in many cases family mediation has proven to be quicker, cheaper and more child-friendly t
Amendment 5 #
Motion for a resolution Citation 9 b (new) — having regard to regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU)No 390/20143b, _________________ 3b OJ L 156, 5.5.2021, p. 1.
Amendment 50 #
Motion for a resolution Recital O O. whereas the use of alternative dispute resolutions should be encouraged, unless it is contrary to the best interests of the child, notably in the case of domestic violence and sexual abuse;
Amendment 51 #
Motion for a resolution Recital P a (new) Pa. Whereas in most Member States there is no legal aid available for mediation for parents with limited financial means who would be at the same time eligible for receiving legal aid for legal proceedings;
Amendment 52 #
Motion for a resolution Recital T T. whereas cross-border family mediation has the potential to facilitate agreements between parents, where they are nationals of different countries, that serve to uphold the best interests of the child, reducing the emotional and financial burden and legal complexity inherent in judicial proceedings;
Amendment 53 #
Motion for a resolution Recital T T. whereas cross-border family mediation is more complex than mediation in domestic family disputes from a legal and logistical perspective and requires additional knowledge and language skills from the mediator as well as the lawyers defending the parents and/or the child;
Amendment 54 #
Motion for a resolution Recital T a (new) Ta. whereas the COVID-19 pandemic has exacerbated the difficulties faced by children in judicial systems; whereas, in this context, some judicial proceedings have been suspended or postponed, such as the right to visit family members in prison;
Amendment 55 #
Motion for a resolution Paragraph 1 1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child
Amendment 56 #
1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, regardless of whether the proceedings are organised by public authorities or private institutions, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority;
Amendment 57 #
Motion for a resolution Paragraph 1 1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority in accordance with Article 24 of the Charter of Fundamental Rights of the EU;
Amendment 58 #
Motion for a resolution Paragraph 1 1. Underlines that in all proceedings
Amendment 59 #
Motion for a resolution Paragraph 1 1.
Amendment 6 #
Motion for a resolution Citation 11 a (new) — having regard to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption,
Amendment 60 #
Motion for a resolution Paragraph 1 1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child should always should be given priority;
Amendment 61 #
Motion for a resolution Paragraph 1 a (new) 1a. strongly recommends that the Member States establish multidisciplinary panels in courts or specialised sections composed of support services consisting of trained professionals, such as doctors or psychologists, including professionals qualified in child neuropsychiatry and specialised social workers, as well as prepare appropriate laws, training, procedures and guidelines for all professionals involved in legal proceedings involving children;
Amendment 62 #
Motion for a resolution Paragraph 1 a (new) 1a. Recalls that access to justice and the right to be heard are fundamental rights and that each child, irrespective of its social, economic or ethnical background, shall be able to fully enjoy these rights in their personal capacity, independent from their parents or legal guardians;
Amendment 63 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to pre
Amendment 64 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to
Amendment 65 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or by another trained expert, using language that the child can understand, and that no pressure is applied, including from the parents; stresses that such hearings should take place in a child-friendly setting and be appropriate for the age and maturity of the child in terms of language and content, while providing for all guarantees that
Amendment 66 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or trained expert and that no pressure is applied, including from the parents; stresses that such hearings should take place in a child-friendly setting and be appropriate for the age
Amendment 67 #
Motion for a resolution Paragraph 2 a (new) 2a. stresses that the hearing of the child, especially in cases of suspected domestic or family violence and ‘witnessed violence’, should always be conducted in the presence of qualified professionals, doctors or psychologists, including professionals qualified in child neuropsychiatry, in order to analyse the effect of trust in others on the harmonious development of the child and to avoid deepening their trauma and victimisation;
Amendment 68 #
Motion for a resolution Paragraph 3 3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and receive the information in a manner that they can understand fully and correctly, and that the decision given by the authority should be explained to the child in a manner befitting of their age, ability to understand and maturity by a professional specially trained
Amendment 69 #
Motion for a resolution Paragraph 3 3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process in language that the child can understand and that the decision given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;
Amendment 7 #
Motion for a resolution Citation 12 a (new) — having regard to the European Parliament resolution of 6 October 2021on the impact of intimate partner violence and custody rights on women and children,
Amendment 70 #
Motion for a resolution Paragraph 3 3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and that the decision given by the authority should be explained to the child in a manner befitting of their age
Amendment 71 #
Motion for a resolution Paragraph 3 3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at
Amendment 72 #
Motion for a resolution Paragraph 3 3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and
Amendment 73 #
Motion for a resolution Paragraph 3 a (new) 3a. Underlines that one of the reasons for cross-border cases to be legally challenging is the different national terminology, like the differences in minimum age requirements across Member States, which may result in a child being treated differently depending on diverging age criteria, or the different roles of the child´s legal counsel in proceedings involving children; calls therefore on the Commission to identify the respective problems and provide possible solutions to the Member States;
Amendment 74 #
Motion for a resolution Paragraph 4 4. Calls on the Member States to provide easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings, including online targeted information for children about the judicial system and interactive education on legal rights;
Amendment 75 #
Motion for a resolution Paragraph 4 4. Calls on the Member States to provide exhaustive, easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings, especially in cross- border cases;
Amendment 76 #
Motion for a resolution Paragraph 4 4. Calls on the Member States to provide easily accessible, understandable and child-friendly information on the rights of the child in civil, administrative and family law proceedings;
Amendment 77 #
Motion for a resolution Paragraph 4 4.
Amendment 78 #
Motion for a resolution Paragraph 4 a (new) 4a. Urges Member States to take action to set up a structure of and organise easily accessible, high-quality, personalised, free and publicly financed legal and other accompanying services both inside and outside the court for all children. Stresses in this context that for each child an individualised approach is to be taken and that particular attention should be given to those children who frequently face discrimination or are in a vulnerable situation, including children with disabilities, children with a migrant background and children living in poverty or being socially excluded;
Amendment 79 #
Motion for a resolution Paragraph 4 a (new) 4a. Underlines that due to the COVID- 19 pandemic additional challenges concerning the access to justice and delays of proceedings have been caused therefore calls on the Member States to foresee measures that enable access to justice in pandemic times in particular if children are involved in civil, administrative and family law proceedings;
Amendment 8 #
Motion for a resolution Citation 12 a (new) — having regard to its resolution of 6 October 2021 on the impact of intimate partner violence and custody rights on women and children,
Amendment 80 #
Motion for a resolution Paragraph 5 5. Calls on the Member States to enable and facilitate access to free high- quality legal representation for children involved in civil, administrative and family disputes, including in cross-border cases, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 81 #
Motion for a resolution Paragraph 5 5. Calls on the Member States to en
Amendment 82 #
Motion for a resolution Paragraph 5 5. Calls on the Member States to
Amendment 83 #
Motion for a resolution Paragraph 5 5.
Amendment 84 #
Motion for a resolution Paragraph 5 5. Calls on the Member States to enable access to high-quality legal representation for children involved in civil, administrative and family disputes,
Amendment 85 #
Motion for a resolution Paragraph 6 6. Calls on the Member States to implement a multidisciplinary approach to ensure meaningful cooperation and provide training on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant actors involved in court and administrative proceedings concerning children. Calls on the Member States to provide training on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant parties involved in court and administrative proceedings concerning children;
Amendment 86 #
6. Calls on the Member States to provide training and exchanges of experiences on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant parties involved in court and administrative proceedings concerning children; calls on the Commission to step up support for such actions, for example via the European Judicial Training Network (EJTN) as well as the CERV and Justice programmes.
Amendment 87 #
Motion for a resolution Paragraph 6 6. Calls on the Member States to provide mandatory trainings on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers, teachers and nurseries and all other relevant parties involved in court and administrative proceedings concerning children;
Amendment 88 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Member States to set up or support programmes for providing children with a dedicated and independent person of trust that supports and accompanies them throughout legal proceedings, both inside and outside the court;
Amendment 89 #
Motion for a resolution Paragraph 6 b (new) 6b. Reiterates its calls on the Member States to ensure that child and family courts function as an essential service, continuing to hold emergency hearings and executing court orders for the care and protection of children who are at an immediate risk of neglect or abuse;
Amendment 9 #
Motion for a resolution Citation 12 a (new) — having regard to its resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child,
Amendment 90 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to make sufficient resources available to ensure that civil, administrative and family law proceedings involving children are handled with the utmost compliance
Amendment 91 #
Motion for a resolution Paragraph 7 7. Call on the Member States to make sufficient resources available to ensure that 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;
Amendment 92 #
Motion for a resolution Paragraph 7 7.
Amendment 93 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay;
Amendment 94 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission to encourage existing networks and platforms of legal professionals to exchange good practices on the hearing of the child, the child right to information and the right to privacy across the EU; encourages European Judicial Training Network to provide for such a forum for judges involved in cross-border family disputes;
Amendment 95 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Member States to establish appropriate mechanisms and procedures for complaints, remedy or redress in order to fully realize that the rights of the child are appropriately integrated in judicial proceedings that have a direct or indirect impact on the child;
Amendment 96 #
Motion for a resolution Paragraph 7 b (new) 7b. Calls on the Member States 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 to consider that the best interest of the child is to remain within a particular Member State’s territory regardless of other factors such as his safety or his right to maintain personal relations and direct contact with both parents on a regular basis;
Amendment 97 #
Motion for a resolution Paragraph 7 a (new) 7a. Urges Member States to respect the right of each child to maintain contact with each parent, irrespective of their family constitution or biological kinship;
Amendment 98 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions a
Amendment 99 #
Motion for a resolution Paragraph 8 8. Calls on the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood of same-sex couples, as long as this does not infringe the corresponding national law;
source: 700.454
2021/12/09
PETI
54 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Highlights the fact that the Committee on Petitions receives a large number of petitions concerning the need to hear children in court proceedings, the need for cooperation between Member States in cross-border child-related cases, the
Amendment 10 #
Draft opinion Paragraph 4 Amendment 11 #
Draft opinion Paragraph 4 a (new) 4a. Highlights that a special consideration should be given to vulnerable children, such as disabled, in exile or unaccompanied children, who face additional barriers that prevent them from fully benefiting from access to justice;
Amendment 12 #
Draft opinion Paragraph 5 5. Recommends th
Amendment 13 #
Draft opinion Paragraph 5 5.
Amendment 14 #
Draft opinion Paragraph 5 a (new) 5a. Considers that non-discriminatory access to justice should be guaranteed to all children, regardless of their social and economic background or origin, and independently of their parents or legal guardians;
Amendment 15 #
Draft opinion Paragraph 6 6. Recalls that the authorities of the Member States must ensure that a child is
Amendment 16 #
Draft opinion Paragraph 6 6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to participate and express their own views freely during any legal proceedings a
Amendment 17 #
Draft opinion Paragraph 6 6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to express their own views freely during proceedings and that due weight is given to the child’s views in accordance with their age and maturity while at the same time taking appropriate measures to respect the child’s emotional and physical integrity;
Amendment 18 #
Draft opinion Paragraph 6 6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to express their own views freely during proceedings
Amendment 19 #
Draft opinion Paragraph 7 7.
Amendment 2 #
Draft opinion Paragraph 1 1. Highlights the fact that the Committee on Petitions receives a large number of petitions concerning the need to hear children in court proceedings, the need for cooperation between Member States in cross-border child-related cases, the
Amendment 20 #
Draft opinion Paragraph 7 – point 1 (new) (1) Stresses the obligation, as provided for in the Brussels IIa Regulation, for national authorities to recognise and enforce judgements delivered in another Member State in child-related cases;
Amendment 21 #
Draft opinion Paragraph 7 – point 2 (new) (2) underlines the importance of providing an adequate support for children before, during and after each hearing;
Amendment 22 #
Draft opinion Paragraph 7 – point 3 (new) (3) calls on EU Member States to ensure that all professionals in contact with children are trained to inform children appropriately and explain all elements of proceeding in a child-friendly manner, which will help children to make informed decisions about their involvement in the judicial proceedings;
Amendment 23 #
Draft opinion Paragraph 8 8. Stresses the need for justice professionals to be given specific training on the rights of the child and child-friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network (EJTN)
Amendment 24 #
Draft opinion Paragraph 8 8. Stresses the need for justice professionals to be given specific training on the rights of the child and child-friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network (EJTN), the Justice Programme, the Citizens, Equality, Rights and Values Programme, and the European Training Platform of the European e-Justice Portal; calls on the Commission to encourage existing networks and platforms of legal professionals to exchange good practices on the hearing of the child, the child's right to information and the right to privacy across the EU;
Amendment 25 #
Draft opinion Paragraph 8 8. Stresses the need for justice professionals, including lawyers representing children, to be given specific training on the rights of the child and child- friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network
Amendment 26 #
Draft opinion Paragraph 8 – point 1 (new) (1) underlines that judicial proceedings have a considerable impact on the lives of minors and the absence of a child-friendly response can result in restrictions or violation of their fundamental rights; stresses that when the national judicial systems lack child- friendly procedures and practices, the most vulnerable children, such as children with disabilities face particular barriers in the enjoyment of their rights;
Amendment 27 #
Draft opinion Paragraph 8 – point 2 (new) (2) Calls on EU Member States to ensure that only trained professionals carry out child hearings and that training on child hearings is mandatory and continuous for professionals;
Amendment 28 #
Draft opinion Paragraph 8 – point 3 (new) (3) stresses that professionals hearing children need to be specifically trained in appropriate questioning techniques, in line with existing guidelines on hearing children, and on the relevant legal basis;
Amendment 29 #
Draft opinion Paragraph 8 – point 4 (new) (4) calls on the Commission and EU Member States to provide sufficient allocation of funds in order to meet children’s needs in all types of judicial proceedings and to make support services available;
Amendment 3 #
Draft opinion Paragraph 1 – point 1 (new) (1) Underlines that problems concerning the German family law system, including the controversial role of the Jugendamt, denounced through petitions by non-German parents, still remain unsolved;
Amendment 30 #
Draft opinion Paragraph 8 – point 5 (new) (5) stresses the importance of promoting trainings and coordination among professionals and sharing best practices between the Member States;
Amendment 31 #
Draft opinion Paragraph 8 a (new) 8a. Reaffirms the need for Member States to train child experts and professionals to accompany them throughout the judicial proceedings;
Amendment 32 #
Draft opinion Paragraph 9 9. Points out the that greater mobility within the EU has led to an increasing number of cross-border child protection issues involving custody removal and notes that cross-border proceedings are more complex from a legal perspective and usually more time-consuming and expensive;
Amendment 33 #
Draft opinion Paragraph 9 9. Points out the that greater mobility within the EU has led to an increasing number of cross-border child protection issues involving custody removal and notes that cross-border proceedings are more complex from a legal perspective and usually more time-consuming and expensive; considers that in the light of Article 81 of the Treaty on the Functioning of the European Union the Commission
Amendment 34 #
Draft opinion Paragraph 10 10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence
Amendment 35 #
Draft opinion Paragraph 10 10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence
Amendment 36 #
Draft opinion Paragraph 10 10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence should not pose a greater threat to the child’s rights, that children involved in cross-border civil and family law disputes should enjoy the same rights and level of protection in all Member States, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis
Amendment 37 #
Draft opinion Paragraph 10 – point 1 (new) (1) Points to the long standing work of the Committee on Petitions on the treatment of petitions concerning the role of the Jugendamt; underlines that the Committee on Petitions continuously receives petitions concerning alleged discrimination against the non-German parent;
Amendment 38 #
10a. Points out that although substantive civil law and family law are primarily the responsibility of the Member States, harmonised rules on cross-border civil and family law should be established at EU level; this is particularly important in the case of rainbow families, as in the borderless Schengen area the definition of family members affects freedom of movement and constitutes an obstacle to family reunification;
Amendment 39 #
Draft opinion Paragraph 11 11. Stresses that the lack of effective procedures for the enforcement of judgments in cross-border cases is detrimental to the best interests of the child; recalls the need to improve mutual judicial and administrative cooperation between Member State authorities, without prejudice to the applicable national legislation, in order to ensure mutual trust in matters concerning the recognition and enforcement of decisions and judgments adopted in family disputes with cross- border aspects involving children;
Amendment 4 #
Draft opinion Paragraph 2 2. Notes that while the Member States are obliged to establish procedural rules which govern the hearing of a child in different proceedings, these provisions differ and may vary greatly between the Member States;
Amendment 40 #
Draft opinion Paragraph 12 Amendment 41 #
Draft opinion Paragraph 12 Amendment 42 #
Draft opinion Paragraph 12 – point 1 (new) (1) Insists on the importance of Member States collecting statistical data on the administrative and judicial proceedings concerning child custody and involving foreign parents;
Amendment 43 #
Draft opinion Paragraph 13 Amendment 44 #
Draft opinion Paragraph 13 13. Notes that in some Member States same-sex couples with children are frequently denied recognition of their legal parental status when crossing borders
Amendment 45 #
Draft opinion Paragraph 13 13. Notes that in some Member States same-sex couples with children are frequently denied recognition of their legal parental status when crossing borders, which hinders the best interests of the child in legal proceedings; calls on the Commission and the Member States to rectify this discriminatory situation and to remove the obstacles faced by same-sex couples when exercising their procedural rights in family disputes with cross-border aspects involving children, including by facilitating mutual recognition of parenthood between Member States;
Amendment 46 #
Draft opinion Paragraph 14 14. Invites the Member States to consider designat
Amendment 47 #
Draft opinion Paragraph 14 a (new) 14a. Calls upon the Member States to pay greater attention to protecting children with disabilities, by safeguarding their mental and physical welfare during court cases; in this regard, calls for the removal of all obstacles that might cause discrimination and inequality due to a child’s disability;
Amendment 48 #
Draft opinion Paragraph 15 15. Calls on the Member States to guarantee
Amendment 49 #
Draft opinion Paragraph 15 15. Calls on the Member States to guarantee regular visitation rights for parents
Amendment 5 #
Draft opinion Paragraph 3 3. Insists that courts, administrative bodies and social welfare institutions should always make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family
Amendment 50 #
Draft opinion Paragraph 15 a (new) 15a. Reiterates its call for increased international cooperation amongst Member States and with third countries, in particular Japan, so as to implement all international legislation concerning child protection with the aim of protecting children from the harmful effects of parental child abduction;
Amendment 51 #
Draft opinion Paragraph 17 17. Recognises the important role that family mediation can play in resolving family disputes, including by providing a more child-friendly alternative to court proceedings; underlines that mediation in family matters should be organised on a voluntary basis and that if parties do agree to engage in mediation, the authorities of the Member State of jurisdiction should ensure access to mediation services;
Amendment 52 #
Draft opinion Paragraph 18 – point 1 (new) (1) Emphasises the importance of a close cooperation and efficient communication between the different national and local authorities;
Amendment 53 #
Draft opinion Paragraph 19 19. Deplores the absence of an EU or international legal framework to facilitate the recognition and enforcement of mediated agreements;
Amendment 54 #
Draft opinion Paragraph 20 a (new) 20a. Calls on the Member States to facilitate access to legal aid for mediation in cases of cross-border family disputes for parents with limited financial means;
Amendment 6 #
Draft opinion Paragraph 3 3. Insists that courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family and avoiding conscious or unconscious bias. In this regard, especially in emergency custody proceedings, notes that it is essential that declarations made by the child to the competent institutions be carefully examined so that measures taken on the basis of them can have a really positive effect;
Amendment 7 #
Draft opinion Paragraph 3 3. Insists that courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family and avoiding conscious or unconscious bias, and also giving due consideration to any conflicts of interest of those applying for or holding custody;
Amendment 8 #
Draft opinion Paragraph 3 a (new) 3a. Deplores all cases, including some reported very recently, of children and their declarations being manipulated to achieve aims that are absolutely contrary to the objective of protecting the child’s mental and physical welfare; therefore calls for greater attention to be paid to these very regrettable occurrences, to prevent them from being repeated;
Amendment 9 #
3a. Stresses that in order to make the best interests of each child the basis of any judicial process concerning children, it is necessary to guarantee flexibility, effectiveness and reasonable time of judicial proceedings;
source: 702.962
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