2022/0402(CNS) | [ParlTrack]

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination, are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, ~~birth~~sex and birth. Article 3 (2) of the same Charter prohibits the use of the human body and its individual parts as a source of profit, and its Article 5 (3) prohibits trafficking in human beings. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life.

Amendment 101 #

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Children's rights must never be discriminated against because of how the child was born or what the child's family composition looks like.

Amendment 102 #

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Article 33(1) of the Charter guarantees the legal, economic and social protection of the family.

Amendment 103 #

Proposal for a regulation
Recital 21

(21) (21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights ~~and maintain their~~including the right to respect for their biological and genetic ties and legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic or international adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents if such recognition is not contrary to national public policy, in particular, if it is not contrary to Constitution of the Member State and the fundamental rights of biological parents including the biological mother, who is often the victim of gender-based discrimination . This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.

Amendment 104 #

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents and multiparent families. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.

Amendment 105 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood ~~as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable~~with respect to the sovereignty of Member States and their Constitutions.

Amendment 106 #

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood, regardless of how the child came into being or what the family constellation looks like, as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.

Amendment 107 #

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which ~~is binding and directly applicable~~guarantees protection of the family.

Amendment 108 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, or by adoption or, in all cases by operation of law, in accordance with the family law of the Member States. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents, with a maximum of two. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, ~~the intended parent,~~ the person who claims to be a ~~parent~~legal parent, insofar as this status is subsequently confirmed, or the person in respect of whom the child claims parenthood, insofar as this status is subsequently confirmed.

Amendment 109 #

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. This regulation should apply regardless of how the child came into being or what the family constellation looks like. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 110 #

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, multiparent families, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 111 #

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the ~~intended~~biological parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 112 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 25

(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements or in forum shopping situations. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.

Amendment 113 #

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information, in a way that does not add bureaucratic burden, as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept. The document obtained by the parents should be available in all EU official languages to ensure and guarantee comprehension by the respective national authorities and that the language used should be gender inclusive.

Amendment 114 #

Abir AL-SAHLANI, Michal ŠIMEČKA, Karen MELCHIOR, Samira RAFAELA, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Recital 32

(32) This Regulation should not cover the recognition of court decisions on parenthood given in a third State or the recognition or, as the case may be, acceptance of authentic instruments on parenthood drawn up or registered in a third State. The recognition or acceptance of such documents should remain subject to the national law of each Member State. Exceptions to this rule shall include all cases involving refugees and victims of trafficking in human beings, whose recognition on parenthood will be covered by this Regulation.

Amendment 115 #

Proposal for a regulation
Recital 36

(36) In order to facilitate the recognition of court decisions and authentic instruments on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross-border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject, as laid out in Article 12 of the United Nations Convention of the Rights of the Child.

Amendment 116 #

Proposal for a regulation
Recital 42

(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third-country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced and victims of trafficking in human beigns because of disturbances occurring in their State of habitual residence.

Amendment 117 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 44

(44) In order to remedy situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a parenthood matter which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, in particular in cases involving refugees or victims of trafficking in human beigns, or when the child or another interested party cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the case has a sufficient connection with the Member State of the court seised.

Amendment 118 #

Monika VANA

Proposal for a regulation
Recital 49

(49) PIn accordance with Article 12 of the UN Convention on the Rights of the Child and Article 24(1) of the Charter, all children have the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. As such, proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.

Amendment 119 #

Proposal for a regulation
Recital 49

(49) Proceedings on the establishment of parenthood under this Regulation should, as a basic principle, provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. I~~n addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.~~ t is already an established concept that all EU countries recognise that children have the right to a personal relationship and direct contact with both parents whatever their gender may be, even if the parents live in different countries. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child. Notes that the national, local or other administrative court shall decide in the best interests of the child on parent’s (irrespective of their gender) custody rights, visiting arrangements and determine the child's place of residence.

Amendment 120 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS

Proposal for a regulation
Recital 51

(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the ~~perso~~woman giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the ~~perso~~woman giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the ~~perso~~woman giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).

Amendment 121 #

Proposal for a regulation
Recital 52

(52) By way of exception, where the law applicable as a rule results in the establishment of parenthood as regards only one parent (for example, only the genetic parent in a same-sex couple), either of two subsidiary laws, namely the law of the State of nationality of either parent or the law of the State of birth of the child, may be applied to establish parenthood as regards the second parent (for example, the non-genetic parent in a same-sex couple). Given that, in those cases, both the parenthood as regards one parent and the parenthood as regards the other parent would be established in accordance with one of the laws designated as applicable by this Regulation, the parenthood as regards each parent, including where established by the authorities of different Member States, should be recognised in all other Member States under the rules of this Regulation where the parenthood as regards each parent has been established by the authorities of a Member State whose courts have jurisdiction under this Regulation. Simplifying the processes for recognising parenthood for same-sex couples in the European Union is in the best interest of the children and their families regardless of the family’s gender composition.

Amendment 122 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 56

(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. ~~However, the c~~Courts orand other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, when deciding on the non- compliance of foreign law provisions with national public policy, should in particular take into account the issue of their possible non-compliance with the Charter, in particular with its Art. 21 prohibiting discrimination (including discrimination between men and women), Article. 3. (c), prohibiting the use of the human body and its individual parts as a source of profit, Article 5 (3) prohibiting trafficking in human beings.

Amendment 123 #

Proposal for a regulation
Recital 56

(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. Underlines that EU member states need to recognise a parent-child relationship for the purposes of permitting a child to exercise without impediment, with each parent, the right to move and reside freely within the territory of all the member states as guaranteed in Article 21(1) Treaty on the Functioning of the European Union (TFEU), the application of which is key to ensuring gender equality.

Amendment 124 #

Proposal for a regulation
Recital 56

(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. In particular, competent authoirites should not be able to apply the public policy exception to discriminate against women, same-sex couples and multiparent families.

Amendment 125 #

Proposal for a regulation
Recital 56

Amendment 126 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 56

Amendment 127 #

Proposal for a regulation
Recital 60

(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure, as it is important to avoid unnecessary administration that delays the procedure which would divert valuable time away from promoting gender equality. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.

Amendment 128 #

Proposal for a regulation
Recital 60 a (new)

(60a) In order to prevent fragmentation of legal regimes for cross border families, Commission in cooperation with Member States shall draft a model international agreement, which would be based on the rules and principles of this regulation and would be used by Member State to enter into bilateral relations with third countries where mutual recognition of parenthood would be applied.

Amendment 129 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 62

(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be ~~kept to the minimum in the light of the underlying aim of this Regulation, which is to~~analysed on a case-by-case basis, in order to facilitate the effective harmonisation of facmil~~itate the recognition of parenthood~~y law in cases with significant cross-border elements and to protect effectively children’s rights and the best interests of the child in cross-border situations.

Amendment 130 #

Proposal for a regulation
Recital 62

(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations. All families, regardless of how they came about, must have the right to be a family irrespective of the gender composition on equal terms in society.

Amendment 131 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 69

(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin. Notes that evidentiary effects should not be hindered by linguistic barriers and that language in all documents shall be gender inclusive.

Amendment 132 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, ~~in exceptional circumstances,~~ to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. ~~However, the c~~Courts orand other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. , when deciding on the non- compliance of foreign law provisions with national public policy, should in particular take into account the issue of their possible non-compliance with the Charter, in particular with its Art. 21 prohibiting discrimination (including discrimination between men and women), Article. 3. (c), prohibiting the use of the human body and its individual parts as a source of profit, Article 5 (3) prohibiting trafficking in human beings.

Amendment 133 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, in particular against women, same-sex couples and multiparent families.

Amendment 134 #

Proposal for a regulation
Recital 75

Amendment 135 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States, neither for the purpose of establishing parenthood in each respective case, which remains a Member States competence according to national family law.

Amendment 136 #

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. It is an important step to reduce bureaucracy and increase access to free movement in the European Union as a means of promoting gender equality. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not ~~take the~~ replace of internal documents which may exist for similar purposes in the Member States.

Amendment 137 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. The authority should facilitate and work for minimal administrative burden for the families of all gender compositions who apply for the declaration. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.

Amendment 138 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 a (new)

(99a) Underlines that the lack of parental recognition can ensure harmful ramifications for children within families in all their diversity, such as depriving them of their rightful succession, or their right to have any one of their parents act as their legal representative in matters such as medical treatments, childcare and education.

Amendment 139 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 b (new)

(99b) Underscores how some types of families often face a burden in establishing filiation through court systems and the legal costs that such a process entails. Whereas having legal certainty on recognition will reduce serious concerns and problems that some families face when traveling or moving in the EU.

Amendment 140 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 c (new)

(99c) The parents' gender should not be an obstacle to the child's right to guardianship. The fact that children of same-sex parents fall outside the social system creates legal uncertainty, and the children's rights must be guaranteed. LGBTI families have the same rights to move freely across international borders as any other family.

Amendment 141 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 99 d (new)

(99d) The woman must always have the right to decide over her own body, also in the case of altruistic surrogacy.

Amendment 142 #

Pina PICIERNO, Radka MAXOVÁ

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood. These rules shall apply without prejudice to the nature or type of family or to cases of adoption, established in a Member State, by one or both parents.

Amendment 143 #

Proposal for a regulation
Article 3 – paragraph 3

3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition or, as the case may be, acceptance of authentic instruments establishing or proving parenthood drawn up or registered in a third State. Exceptions to this rule shall include all cases involving refugees and victims of trafficking in human beings, whose recognition on parenthood based on court decisions establishing parenthood given in a third State will be covered by this Regulation.

Amendment 144 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the state of being the father or mother of a person and the parent- child relationship ~~established in law. It includes the legal status of being the child of a particular parent or parents~~derived from such status, as established in national family law;

Amendment 145 #

Monika VANA

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the ~~parent- child~~child- parent relationship established in law. It includes the legal status of being the child of a particular parent or parents; (This amendment, "parent-child" to "child- parent", applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 146 #

Proposal for a regulation
Article 4 – paragraph 1 – point 8 a (new)

8a. 'Cross-border element' means an item belonging to a parenthood situation that necessarily implies at least two Member States or a Member State and a third country;

Amendment 147 #

Proposal for a regulation
Article 4 – paragraph 1 – point 8 b (new)

8b. 'Cross-border situation' means the complete set of circumstances and facts pertaining to the establishment of parenthood that necessarily imply at least two Member States or a Member State and a third country;

Amendment 148 #

Pina PICIERNO, Radka MAXOVÁ

Proposal for a regulation
Article 17 – paragraph 1

1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the ~~perso~~woman giving birth at the time of birth or, where the habitual residence of the ~~perso~~woman giving birth at the time of birth cannot be determined, the law of the State of birth of the child.

Amendment 149 #

Proposal for a regulation
Article 17 – paragraph 2 a (new)

2a. These rules shall apply without prejudice to the nature or type of family or to cases of adoption, established in a Member State, by one or both parents.

Amendment 150 #

Maria Veronica ROSSI, Annika BRUNA, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 17 a (new)

Article17a Condemnation of surrogacy It is stated that the practice of surrogacy, also known as gestation for others, is a universal crime because it seriously harms the dignity of the woman and the unborn child as it commodifies the body and life of the child, as already recognized by feminist movements.

Amendment 151 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 22 – paragraph 1

1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is ~~manifestly~~ incompatible with the public policy (ordre public) of the forum.

Amendment 152 #

Maria Veronica ROSSI

Proposal for a regulation
Article 22 – paragraph 1

1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum, determined by the legislation on family law and constitutional relevance. However, the Member States remain free to ensure full respect for children's rights and to offer equivalent protection by means other than that of the recognition of judicial decisions, public deeds or European parental certificates.

Amendment 153 #

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, as long as the aforementioned Member State courts have not been found to infringe EU rule of law including in cases of LGBTI homophobia, or do not meet the standards for judicial independence.

Amendment 154 #

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination and can under no circumstances be used as an excuse for discrimination based on gender of parents. The refusal can never go against the best interest of the child and the best interest of the child has to be always adhered to.

Amendment 155 #

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in ~~observance~~full respect, fulfillment and protection of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, and shall therefore respect the rights of women, same sex couples and multiparent families.

Amendment 156 #

Proposal for a regulation
Article 22 – paragraph 2

Amendment 157 #

Proposal for a regulation
Article 31 – paragraph 1 – point a

(a) if such recognition is ~~manifestly~~ contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interests;

Amendment 158 #

Proposal for a regulation
Article 31 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, always taking into account and protecting the child’s interests ;

Amendment 159 #

Proposal for a regulation
Article 31 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s best interests;

Amendment 160 #

Proposal for a regulation
Article 31 – paragraph 2

2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in ~~observance~~full respect, fulfillment and protection of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, and shall therefore respect the rights of women, same-sex couples and multiparent families.

Amendment 161 #

Proposal for a regulation
Article 39 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, always taking into account and protecting the child’s interests; Under no circumstances can the best interest of the child be used as an excuse for refusal on the basis of the gender of the parents.

Amendment 162 #

Proposal for a regulation
Article 41 – paragraph 1

~~Under no circumstances may~~As a general principle a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, may not be reviewed as to their substance.

Amendment 163 #

Proposal for a regulation
Article 45 – paragraph 2

2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in ~~observance~~full respect, fullfillment and protection of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination, and shall therefore respect the rights of women, same-sex couples and multiparent families.

Amendment 164 #

Maria Veronica ROSSI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 45 – paragraph 2

2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and has to always be in line with and promote the best interest of the child.

Amendment 165 #

Proposal for a regulation
Article 47 – paragraph 1

TRespecting the limit of public order for contrast with the legislation on family law and constitutional relevance, the Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s parenthood status.

Amendment 166 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Article 48 – paragraph 2 – point b

(b) another authority which, under national law, has competence to deal with parenthood matters which is recognised and approved by European regulators.

Amendment 167 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 49 – paragraph 3 – point h

(h) any other relevant information which the applicant deems useful for the purposes of the issuance of the Certificate.

Amendment 168 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 49 – paragraph 3 – point h a (new)

(ha) the certificate shall be available in all EU official languages and braille as well as be gender inclusive.

Amendment 169 #

Maria Veronica ROSSI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 53 – paragraph 1

1. The Certificate shall produce its effects in all Member States without any special procedure being required, respecting the limits of public order and after consulting with the competent authorities of the country whose recognition is sought.

Amendment 170 #

Maria Veronica ROSSI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 53 – paragraph 3

3. TAfter a verification conducted by the competent authorities of the Member State in which recognition is requested, the Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).

Amendment 171 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 55 – paragraph 3 a (new)

3a. The issuing authority shall in cases of name changes comply with the national law and issue new certificates with all requested legal name changes regardless of gender.

Amendment 172 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 3

The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State and where applicable in cooperation with national equality bodies.

Amendment 173 #

Abir AL-SAHLANI, Michal ŠIMEČKA, Karen MELCHIOR, Samira RAFAELA, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 70 – paragraph 1

1. By [53 years from date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of any practical problems encountered, supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal.

Amendment 174 #

Abir AL-SAHLANI, Michal ŠIMEČKA, Karen MELCHIOR, Samira RAFAELA, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 70 – paragraph 2 – point a

(a) the number of applications for the refusal of recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted, as well as on what grounds an application for refusal of recognition was granted, as set out in the provisions of Article 31 of this Regulation;

Amendment 71 #

Proposal for a regulation
Citation 1 a (new)

Having regard to the Charter of Fundamental Rights of the European Union,

Amendment 72 #

Proposal for a regulation
Recital 1 a (new)

(1a) Both the European Union and its Member States must guarantee the legal, economic and social protection of the family;

Amendment 73 #

Proposal for a regulation
Recital 1 b (new)

(1b) The family is the fundamental nucleus of society;

Amendment 74 #

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right ~~to an identity31 , to non-discrimination~~of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful to be treated without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status 32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State~~. _________________ 31 Article 8 of the UN Convention on the Righ~~ provided that such recognition is manifestly not contrary to existing national public policy - especially in situations where it could clearly have an adverse effect on the best interests of the Cchild. _________________ 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 75 #

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. if such recognition is not contrary to public policy - especially in situations where it could have an adverse effect on the best interests of the child. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 76 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31, to non-discrimination32 and to a private and family life33, taking the best interests of the child as a primary consideration34. This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should ~~require~~allow Member States to recognise ~~for all purposes~~, in accordance with their public order, the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 77 #

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non-discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. Facilitating the regulatory framework to recognise parenthood in all EU countries is primarily in the best interest of the child so as to ensure children’s right to identity, nationality, non-discrimination and succession and maintenance rights are protected across the EU. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 78 #

Proposal for a regulation
Recital 3

(3) Articles 21, 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) confer on Union citizens the right to move and reside freely within the territory of the Member States. They comprise the right of Union citizens not to face any obstacles and the right to equal treatment with nationals in the exercise of free movement, including as regards certain social advantages, defined as any advantage which will likely facilitate mobility35. This right also applies to family members of Union citizens as defined by Directive 2004/38/EC of the European Parliament and of the Council36 in matters related to scholarships, admission to education, reductions in public transportation costs for large families, reduced student fares for public transport and reduced museum entrance fees37. The protection afforded by the Treaty provisions on free movement also includes the right to have a name lawfully attributed in a Member State recognised in other Member States38. These articles must be consistent with Article 33(1) of the Charter of Fundamental Rights of the European Union, which provides that the family shall enjoy legal, economic and social protection. _________________ 35 Judgments of the Court of Justice of 31 May 1979, Even, C-207/78, ECLI:EU:C:1979:144 and of 8 June 1999, Meeusen, C-337/97, EU:ECLI:C:1999:284. 36 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004). 37 For instance, judgments of the Court of Justice of 3 July 1974, Casagrande v Landeshauptstadt München, C-9/74, ECLI:EU:C:1974:74; of 27 September 1988, Matteuci, C-235/87, ECLI:EU:C:1988:460; of 30 September 1975, Cristini v S.N.C.F., C-32/75, ECLI:EU:C:1975:120; and of 4 October 2012, Commission v Austria, C-75/11, ECLI:EU:C:2012:605. 38 For instance, judgments of the Court of Justice of 2 October 2003, Carlos García Avello v État belge, Case C-148/02, ECLI:EU:C:2003:539; of 14 October 2008, Grunkin-Paul, Case C‑-353/06, ECLI:EU:C:2008:559; of 8 June 2017, Freitag, Case C‑-541/15, ECLI:EU:C:2017:432.

Amendment 79 #

Proposal for a regulation
Recital 4 a (new)

(4a) Public policy within the meaning of the Regulation must be interpreted restrictively in accordance with the case law of the CJEU. In its judgment C- 490/20, the CJEU reiterated its view that "the concept of 'public policy', if it is to justify a derogation from a fundamental freedom, must be interpreted restrictively, so that its scope cannot be determined unilaterally by each Member State without control by the Union institutions."

Amendment 80 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 5

(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Such provisions must comply with the conditions of subsidiarity and proportionality and act with the upmost respect to fundamental rights, in particular the fundamental rights of children.

Amendment 81 #

Proposal for a regulation
Recital 5

(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Measures to recognise parenthood in all EU countries are an important part of strengthening, facilitating and encouraging free movement within the EU, including the right to return back to the Member State of origin and continue the life that was built while away.

Amendment 82 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 5 a (new)

(5a) The Commission and the Member States should put the impact on the family at the centre of their policies and legislation on children;

Amendment 83 #

Proposal for a regulation
Recital 6

(6) In conformity with the Union’s competence to adopt measures on family law with cross-border implications, the 2010 ‘European Council Stockholm programme – An open and secure Europe serving and protecting citizens’40 invited the Commission to consider the problems encountered with regard to civil status documents and the access to registers of such documents and, in the light of its findings, to submit appropriate proposals and consider whether the mutual recognition of the effects of civil status documents could be appropriate, at least in certain areas. The Commission Action Plan Implementing the Stockholm Programme41 envisaged a legislative proposal for dispensing with the formalities for the legalisation of documents between Member States and a legislative proposal on the mutual recognition of the effects of certain civil status documents, including as regards birth, parenthood and adoption. Points out that findings could serve to remedy the lack of existing legal protections which have even culminated in European children, including girls, being rendered stateless and denied equal treatment. _________________ 40 OJ C 115 of 4.5.2010, p. 1. 41 COM(2010) 171 final.

Amendment 84 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 8

Amendment 85 #

Proposal for a regulation
Recital 8

Amendment 86 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 10

(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficerences between the regulati~~es in having the~~ons of Member States regarding the recognition of parenthood ofand the~~ir children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin.~~ definition of a family. Member States’ legal customs regarding family law in some cases have a rich history and need to be treated with the upmost respect and with the constantly evolving nature of law in today’s world it needs to be up to the national legislations to react to these challenges. When looking to regulate cross-border elements EU legislation is not above the Constitution of Member States. Its function is to harmonise and enable cooperation in cases with cross border elements, not to mandate and change the fundamentals of a Member States’ legal system.

Amendment 87 #

Proposal for a regulation
Recital 10

Amendment 88 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 11

(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, ~~maintenanc~~the rights, to suc~~cession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in ano~~h protection and care as is necessary for their well-being and the right to express their Member State can have serious adverse consequences on children’s fundamental rights and on the rights that they derive from national law. This may prompt families to start litigation to have the parenthood of their child recognised in another Member State, although those proceedings have uncertain resultviews freely16a. To address differences between the national legal systems the EU should encourage social dialogue between Member States so that national legislations cand involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national law find solutions to the procedural issues deriving from fundamental differences in their legal systems. As the EU is ‘united in diversity’ its regulations shall treat the unique differences in legal customs in Member States’ legal systems with the upmost respect.

Amendment 89 #

Proposal for a regulation
Recital 11

(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, maintenance rights, succession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in another Member State can have serious adverse consequences on children’s fundamental rights and on the rights that they derive from national law. This may prompt families to start litigation to have the parenthood of their child recognised in another Member State, although those proceedings have uncertain results and involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national law. To allow families to fall outside the system on which society is built, is to discriminate against children and their families: their rights to security and dignity must be upheld. To deny some families the right to exist is to deny them of the dignity of the individual and is contrary to our European way of life and the promotion of gender equality.

Amendment 90 #

Monika VANA

Proposal for a regulation
Recital 11 a (new)

(11a) The non-recognition by a Member State of parenthood established in another Member State particularly affects rainbow families as well as other types of families that do not fit the nuclear family model. This is especially the case where there is no biological link between the parents and the child. This Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations irrespective of their family situation and without discrimination.

Amendment 91 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 12

(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 . In the European Union, both parenthood, civil union and marriage between people of all genders recognised in one EU country should be recognised throughout the EU. _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).

Amendment 92 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 13

(13) Women, girls and all other childrens’ right to free movement is impinged if the whole family unit is not recognised. This Regulation should not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. For instance, Member States must already today recognise a parent-child relationship for the purposes of permitting children to exercise, with each of their two parents, the right to move and reside freely within the territory of the Member States without impediment, and to exercise all the rights that the child derives from Union law. This Regulation does not provide for any additional conditions or requirements for the exercise of such rights.

Amendment 93 #

Proposal for a regulation
Recital 14

(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. The refusal can never go against the best interest of the child and the best interest of the child has to be always adhered to. Under no circumstances can the best interest of the child be used as an excuse for refusal on the basis of the gender of the parents. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.

Amendment 94 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 14

(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents or multiparent families for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.

Amendment 95 #

Proposal for a regulation
Recital 16

(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child's parents. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration. Children should never be punished or discriminated against because of what the child's family constellation looks like or how the family originated.

Amendment 96 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Eleni STAVROU

Proposal for a regulation
Recital 16

(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 ('UN Convention on the Rights of the Child') requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment ~~on the basis of the circumstances of the child's parent~~irrespective of the child's or his or her parent's or legal guardian's sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration.

Amendment 97 #

Proposal for a regulation
Recital 18

Amendment 98 #

Arba KOKALARI, Frances FITZGERALD, Christine SCHNEIDER, Sirpa PIETIKÄINEN, Pernille WEISS, Eleni STAVROU

Proposal for a regulation
Recital 19

(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premisse that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail as stated in Article 2 TEU. That premisse implies and justifies the existence of mutual trust between the Member States that those values will be recognised.

Amendment 99 #

Proposal for a regulation
Recital 19

(19) The Court of Justice has confirmed that the essential characteristics of Union law have given rise to a structured network of principles, rules and mutually interdependent legal relations linking the Union and its Member States, and its Member States with each other. This legal structure is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the Union is founded, as stated in Article 2 TEU. That premiss implies and justifies the existence of mutual trust between the Member States that those values will be recognised. In accordance with the principle of mutual recognition, parenthood established in one Member State shall also be recognised in other Member States without any special procedure being required irrespective of the gender of the parents.

source: 751.542

2023/07/19 JURI 71 amendments...

source: 751.872

2023/07/20 JURI 522 amendments...

Amendment 100 #

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.deleted

Amendment 101 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 22

Amendment 102 #

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of final court decisions and authentic instruments with binding legal effect on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.

Amendment 103 #

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, ~~acceptance of~~enforcement of final court decisions and recognition of authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.

Amendment 104 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 22

(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood ~~as well as rules on the creation of a European Certificate of Parenthood~~ in a Union legal instrument which is binding and directly applicable.

Amendment 105 #

Proposal for a regulation
Recital 23

(23) This Regulation covers ‘civil matters’, which includes civil court proceedings and the resulting final court decisions on parenthood, and authentic instruments with binding legal effect on parenthood. The term ‘civil matters’ should be interpreted autonomously, in accordance with the established case law of the Court of Justice. It should be regarded as an independent concept to be interpreted by referring, first, to the objectives and scheme of this Regulation and, second, to the general principles that stem from the corpus of the national legal systems. The term ‘civil matters’ should therefore be interpreted as capable of extending also to measures that, from the point of view of the legal system of a Member State, might fall under public law.

Amendment 106 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 107 #

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent~~, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood~~.

Amendment 108 #

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, ~~genetic,~~ by adoption or by operation of law. ~~Also~~Subject to the limits on public order imposed by national laws, for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 109 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of national law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in national law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the national law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 110 #

Proposal for a regulation
Recital 24

(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, ~~the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood~~which means the person to which a child has a legally established link of filiation, may it be biologic, genetic, by adoption or by operation of law.

Amendment 111 #

Proposal for a regulation
Recital 24 a (new)

(24a) Parent-child relationships that arise after conception and gestation are carried out on another’s behalf should not be covered by the scope of this Regulation. Gestation on another’s behalf should be understood as a form of assisted procreation whereby a woman enters into a contractual obligation to carry a pregnancy to term on behalf of third parties, intended parents or clients, either free of charge or for a fee. Whether remunerated or not, gestation on another’s behalf, or ‘surrogacy’, should be prohibited in all Member States, as it violates the dignity of the woman and the unborn child, in contravention of Article 3 of the Charter, in particular the prohibition on making the human body and its parts as such a source of financial gain.

Amendment 112 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 25

(25) This Regulation sh~~ould~~all not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.

Amendment 113 #

Proposal for a regulation
Recital 25

(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.

Amendment 114 #

Proposal for a regulation
Recital 25

Amendment 115 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 25

(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation ~~and the European Certificate of Parenthood~~ should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.

Amendment 116 #

Proposal for a regulation
Recital 26

(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted

Amendment 117 #

Proposal for a regulation
Recital 26

Amendment 118 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 28

(28) While the establishment and the recognition of parenthood in conformity with this Regulation is relevant for other areas of civil law, the scope of this Regulation should be limited to jurisdiction, applicable law, ~~recognition of~~enforcement of final court decisions and ~~acceptance~~recognition of authentic instruments concerning parenthood. For reasons of clarity, other areas of civil law which could be seen as having a link with parenthood should be explicitly excluded from the scope of this Regulation.

Amendment 119 #

Proposal for a regulation
Recital 28

(28) While the establishment and the recognition of parenthood in conformity with this Regulation is relevant for other areas of civil law, the scope of this Regulation should be limited to jurisdiction, applicable law, and recognition of final court decisions and ~~acceptance of~~ authentic instruments ~~concerning parenthood~~with binding legal effect. For reasons of clarity, other areas of civil law which could be seen as having a link with parenthood should be explicitly excluded from the scope of this Regulation.

Amendment 120 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 29

(29) In particular, the rules on jurisdiction, applicable law, recognition ofand enforcement of final decisions, and ~~acceptance~~recognition of authentic instruments set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157. However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).

Amendment 121 #

Proposal for a regulation
Recital 29

(29) In particular, the rules on jurisdiction, applicable law, and recognition of final court decisions and ~~acceptance of~~ authentic instruments with binding legal effect set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157. However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).

Amendment 122 #

Proposal for a regulation
Recital 30

(30) This Regulation should not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the law applicable to it as having comparable effects, such as a registered partnership, which should continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement.

Amendment 123 #

Proposal for a regulation
Recital 30

(30) This Regulation should not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the national law applicable to it as having comparable effects, which should continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement.

Amendment 124 #

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.deleted

Amendment 125 #

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register sh~~ould~~all be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that sh~~ould~~all determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.

Amendment 126 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.

Amendment 127 #

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.

Amendment 128 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 31

(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from formally checking that the recognition of parenthood is not manifestly contrary to the public policy of the Member State, from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.

Amendment 129 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 32 a (new)

(32a) It should also not cover the recognition of court decisions which are open to appeal or of authentic instruments without binding legal effect.

Amendment 130 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 33

(33) The establishment of parenthood should mean the legal determination of the legal relationship between a child and each parent, and should be understood tas also includeing, where applicable, the establishment of parenthood following a claim contesting a parenthood established previously. Where relevant, this Regulation should also apply to the extinction or termination of parenthood.

Amendment 131 #

Proposal for a regulation
Recital 34

(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood ~~can~~must be provided by the ~~document establishing the parenthood (such as the~~final court decision, or the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate)authentic instrument with binding legal effect establishing parenthood.

Amendment 132 #

Proposal for a regulation
Recital 34

(34) ~~Notwithstanding the differences in national laws, p~~Parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).

Amendment 133 #

Proposal for a regulation
Recital 34

(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a final court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the final court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).

Amendment 134 #

Proposal for a regulation
Recital 34

(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the ~~person giving birth~~mother, and parenthood by legal presumption as regards the spouse or the registered partner of the ~~person giving birth~~mother. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).

Amendment 135 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 34

(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial ~~deed~~act (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial ~~deed~~act or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).

Amendment 136 #

Proposal for a regulation
Recital 35

(35) The smooth and correct functioning of a Union area of justice with respect for the Member States’ different legal systems and traditions is fundamental for the Union. In that regard, mutual trust in one another’s justice systems should be further enhanced.deleted

Amendment 137 #

Proposal for a regulation
Recital 35

(35) The smooth and correct functioning of a Union area of justice with respect for the Member States’ different legal systems and traditions is fundamental for the Union and its proper functioning. The Union does not intervene and does not restrict the right of the Member States to take decisions according to their own national values and beliefs. In that regard, mutual trust in one another’s justice systems should be further enhanced.

Amendment 138 #

Proposal for a regulation
Recital 35

(35) The smooth and correct functioning of a Union area of justice ~~with respect for the Member States’ different legal systems and traditions is fundamental for the Union. In that regard, mutual trust in one another’s justice systems should be further enhanced~~and the mutual trust of Member States in one another’s justice systems require respect for the Member States’ different legal systems and traditions.

Amendment 139 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 36

(36) In order to facilitate the ~~recognition of~~enforcement of final court decisions and the recognition of authentic instruments on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross- border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject, but only in certain specifically regulated situations and, where necessary, with the support of a person specialising in talking to children, to ensure that they have not been influenced in any particular way.

Amendment 140 #

Proposal for a regulation
Recital 36

(36) In order to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross- border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject.

Amendment 141 #

Proposal for a regulation
Recital 38

(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of ‘authentic instrument’ used horizontally in Union instruments and in the light of the objectives of this Regulation.deleted

Amendment 142 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 38

(38) This Regulation sh~~ould~~all respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of ‘authentic instrument’ used horizontally in Union instruments and in the light of the objectives of this Regulation.

Amendment 143 #

Proposal for a regulation
Recital 38

(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.

Amendment 144 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Jan OLBRYCHT

Proposal for a regulation
Recital 38

(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities~~, such as notaries, administrative authorities or registrars~~ to draw up authentic instruments establishing parenthood ~~with binding legal effect~~ in the Member State in which they have been drawn up or registered (‘authentic instruments ~~with binding legal effect~~’), or to draw up authentic instruments ~~which have no binding legal effect~~recording parenthood in the Member State in which they have been drawn up or registered ~~but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect~~(‘authentic instruments recording parenthood’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of ‘authentic instrument’ used horizontally in Union instruments and in the light of the objectives of this Regulation.

Amendment 145 #

Proposal for a regulation
Recital 38

(38) This Regulation sh~~ould~~all respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.

Amendment 146 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 39

(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of international private law, jurisdiction should be determined, in each Member State, by the laws of that Member State.

Amendment 147 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 39

(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child’s parents. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birth.

Amendment 148 #

Proposal for a regulation
Recital 40

(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.deleted

Amendment 149 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 40

(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the parents’ place of habitual residence, the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.

Amendment 150 #

Proposal for a regulation
Recital 41

(41) Where this Regulation refers to nationality as a connecting factor for the purposes of jurisdiction or applicable law, the question of how to consider a child or a parent having multiple nationalities is a preliminary question which falls outside the scope of this Regulation and should be left to national law, including, where applicable, international conventions, in full observance of the general principles of the Union. For the purposes of this Regulation, a child or a parent possessing multiple nationalities may choose the court or the law of any of the Member States whose nationality he or she possesses at the time of seising the court or at the time the parenthood is established.deleted

Amendment 151 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 42

(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third- country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced because of disturbances occurring in their State of habitual residence.deleted

Amendment 152 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 43

(43) Where no court of a Member State has jurisdiction pursuant to this Regulation, jurisdiction should be determined, in each Member State, by the laws of that Member State, including the international instruments in force in that Member State.deleted

Amendment 153 #

Proposal for a regulation
Recital 43

(43) ~~Where no court of a Member State has jurisdiction pursuant to this Regulation, j~~Jurisdiction should be determined, in each Member State, by the laws of that Member State, including the international instruments in force in that Member State.

Amendment 154 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 45

(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation, and should only produce effects in the proceedings for which it was made and constitute evidence in related pending proceedings.

Amendment 155 #

Proposal for a regulation
Recital 45

(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation ~~and should only produce effects in the proceedings for which it was made~~.

Amendment 156 #

Proposal for a regulation
Recital 46

(46) In the interests of the harmonious functioning of justice, the giving of irreconcilable court decisions in different Member States should be avoided. To that end, this Regulation should provide for general procedural rules similar to those of other Union instruments in the area of judicial cooperation in civil matters.deleted

Amendment 157 #

Proposal for a regulation
Recital 46

Amendment 158 #

Proposal for a regulation
Recital 47

(47) One such procedural rule is the lis pendens rule, which should come into play if the same case on parenthood is brought before different courts in different Member States. That rule should determine which court should proceed to deal with the case on parenthood.deleted

Amendment 159 #

Proposal for a regulation
Recital 48

(48) This Regulation should define at what time a court is deemed to be seised for the purposes of this Regulation. In the light of the two different systems existing in the Member States, which either require the document instituting the proceedings to be served upon the respondent first, or to be lodged with the court first, it should be sufficient for the first step under national law to have been taken, provided that the applicant has not subsequently failed to take any steps that he or she was required to take under national law in order to have the second step effected.deleted

Amendment 160 #

Proposal for a regulation
Recital 49

(49) The fundamental right of a child to be heard in all matters affecting them, has been incorporated in both article 12 of the UN Convention on the Rights of the Child as well as in article 24(1) of the EU Fundamental Rights Charter. Proceedings on the establishment of parenthood under this Regulation should~~, as a basic~~ therefore abide by this principle, and provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views, feelings and wishes and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.

Amendment 161 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 49

Amendment 162 #

Proposal for a regulation
Recital 50

~~(50) This Regulation should provi~~de legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.ted

Amendment 163 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 50

(50) This Regulation should provide legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments ~~which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State~~recording parenthood in the Member State of origin.

Amendment 164 #

Proposal for a regulation
Recital 51

(51) ~~As a rule, t~~The law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)Member State whose courts are hearing the case.

Amendment 165 #

Proposal for a regulation
Recital 51

(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of citizenship of the person who gives birth and, if this cannot be ascertained, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).

Amendment 166 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 51

(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the ~~person giving birth~~mother at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the ~~person giving birth~~mother has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which tshe ~~person giving birth~~ has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the ~~person giving birth~~mother at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the ~~person giving birth~~mother at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).

Amendment 167 #

Proposal for a regulation
Recital 52

Amendment 168 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 52

(52) By way of exception, where the law applicable as a rule results in the establishment of parenthood as regards only one parent (for example, only the genetic parent in a same-sex couple), ~~either of two subsidiary laws, namely the law of the State of nationality of either parent or~~ the law of the State of birth of the child~~, may~~ should be applied to establish parenthood as regards the second parent (for example, the non-genetic parent in a same-sex couple). Given that, in those cases, both the parenthood as regards one parent and the parenthood as regards the other parent would be established in accordance with one of the laws designated as applicable by this Regulation, the parenthood as regards each parent, including where established by the authorities of different Member States, should be recognised in all other Member States under the rules of this Regulation where the parenthood as regards each parent has been established by the authorities of a Member State whose courts have jurisdiction under this Regulation.

Amendment 169 #

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

Amendment 170 #

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

Amendment 171 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

Amendment 172 #

Proposal for a regulation
Recital 54

(54) To ensure legal certainty and the continuity of parenthood, where parenthood has been established in a Member State in accordance with one of the laws designated as applicable by this Regulation, the change of applicable law as a result of a change of the habitual residence of the person who gave birth or of the nationality of either parent should not affect the parenthood already established.deleted

Amendment 173 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

(54) To ensure legal certainty and the continuity of parenthood, where parenthood has been established in a Member State in accordance with one of the laws designated as applicable by this Regulation, the change of applicable law as a result of a change of the habitual residence of the ~~person who gave birth~~mother or of the nationality of either parent should not affect the parenthood already established.

Amendment 174 #

Proposal for a regulation
Recital 55

(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation~~, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done~~.

Amendment 175 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 56

Amendment 176 #

Proposal for a regulation
Recital 56

Amendment 177 #

Proposal for a regulation
Recital 56

(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. To protect the best interest of the child, when the public policy exception has been raised by the courts and other competent authorities of the Member States, the effects of this exception shall be suspended until all national and European remedies have been exhausted and a final ruling has been made.

Amendment 178 #

Proposal for a regulation
Recital 56

(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard~~, in exceptional circumstances,~~ certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.

Amendment 179 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 56

Amendment 180 #

Proposal for a regulation
Recital 56

Amendment 181 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 57

(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, while respecting the conflict- of-law rules laid down by national legislation.

Amendment 182 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 58

(58) This Regulation should provide for the recognition of court decisions and authentic instruments establishing parenthood ~~with binding legal effect issued in another Member State.~~ issued in another Member State. It should be for the Member States to determine which authentic instruments may be regarded as establishing parenthood under national law.

Amendment 183 #

Proposal for a regulation
Recital 58

(58) This Regulation should provide for the recognition of final court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.

Amendment 184 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 59

(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deed of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deed, an administrative decision or registration)This Regulation should also provide for the acceptance of authentic instruments recording parenthood in the Member State of origin. It should be for the national law to determine which authentic instruments may be regarded as recording parenthood under national law.

Amendment 185 #

Proposal for a regulation
Recital 59

Amendment 186 #

Proposal for a regulation
Recital 59

(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial ~~deed~~act of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial ~~deed~~act, an administrative decision or registration).

Amendment 187 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 60

(60) Mutual trust in the administration of justice in the Union justifies the principle that final court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure. In particular, when presented with a final court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.

Amendment 188 #

Proposal for a regulation
Recital 60

(60) Mutual trust in the administration of justice in the Union justifies the principle that final court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.

Amendment 189 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 61

(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any ~~interested party~~party with a legitimate interest under the procedural law of the Member State in which the proceedings are initiated, who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute, from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that final court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.

Amendment 190 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 62

(62) The recognition in a Member State of final court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non- recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations.

Amendment 191 #

Proposal for a regulation
Recital 62

Amendment 192 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 63

(63) The recognition of a final court decision should be refused only if one or more of the grounds for refusal of recognition provided for in this Regulation are present. The list of grounds for refusal of recognition in this Regulation is exhaustive. It should not be possible to invoke, as grounds for refusal, grounds which are not listed in this Regulation such as, for example, a violation of the lis pendens rule. A later court decision should always supersede an earlier court decision to the extent that they are irreconcilable.

Amendment 193 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 64

(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in accordance with national legislation and procedure, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a final court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.

Amendment 194 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 65

(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to ‘final court decisions’ for the purposes of the rules on recognition of this Regulation.

Amendment 195 #

Proposal for a regulation
Recital 65

Amendment 196 #

Proposal for a regulation
Recital 65

(65) Authentic instruments ~~with binding legal effect~~establishing parenthood in the Member State of origin should be treated as equivalent to ‘court decisions’ for the purposes of the rules on recognition of this Regulation.

Amendment 197 #

Proposal for a regulation
Recital 66

(66) Although the obligation to provide children below the age of 18 years with the opportunity to express their views under this Regulation should not apply to authentic instruments ~~with binding legal effect~~establishing parenthood, the right of children to express their views should however be taken into consideration pursuant to Article 24 of the Charter and in the light of Article 12 of the UN Convention on the Rights of the Child as implemented by national law and procedure. The fact that children were not given the opportunity to express their views should not automatically be a ground for refusal of recognition of authentic instruments ~~with binding legal effect~~establishing parenthood.

Amendment 198 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 67

(67) The recognition in a Member State under this Regulation of a final court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.

Amendment 199 #

Proposal for a regulation
Recital 67

Amendment 200 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Jan OLBRYCHT

Proposal for a regulation
Recital 67

(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood ~~with binding legal effect~~ drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.

Amendment 201 #

Proposal for a regulation
Recital 67

(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, sh~~ould~~all not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.

Amendment 202 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 68

(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.deleted

Amendment 203 #

Proposal for a regulation
Recital 68

(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments ~~which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State~~in the Member State of origin. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.

Amendment 204 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 68

(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, without prejudice to the exclusion from the scope of this Regulation of gestation on another’s behalf, or a notarial or administrative document recording a possession of state.

Amendment 205 #

Proposal for a regulation
Recital 69

Amendment 206 #

Proposal for a regulation
Recital 69

(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have ~~the same~~ evidentiary effects in another Member State ~~as they have in the Member State of origin, or the most comparable effects~~. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. ~~The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.~~

Amendment 207 #

Proposal for a regulation
Recital 69

(69) Authentic instruments ~~which have no binding legal effect~~recording parenthood in the Member State of origin ~~but which have evidentiary effects in that Member State~~ should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.

Amendment 208 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 70

(70) The ‘authenticity’ of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be an autonomous concept covering elements such as the genuineness of the instrument, the formal prerequisites of the instrument, the powers of the authority drawing up the instrument and the procedure under which the instrument is drawn up. It should also cover the factual elements recorded in the authentic instrument. A party wishing to challenge the authenticity of such an authentic instrument should do so before the competent court in the Member State of origin of the authentic instrument under the law of that Member State.deleted

Amendment 209 #

Proposal for a regulation
Recital 70

Amendment 210 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 71

(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.deleted

Amendment 211 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 71

(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument ~~which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State~~recording parenthood in the Member State of origin should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.

Amendment 212 #

Proposal for a regulation
Recital 72

(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.deleted

Amendment 213 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 72

(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument ~~which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State~~recording parenthood in the Member State of origin is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.

Amendment 214 #

Proposal for a regulation
Recital 73

(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.deleted

Amendment 215 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 73

(73) Where an authentic instrument ~~which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is~~ recording parenthood in the Member State of origin is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.

Amendment 216 #

Proposal for a regulation
Recital 74

(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effects in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.deleted

Amendment 217 #

Proposal for a regulation
Recital 74

(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments ~~which do not establish parenthood with binding legal effect but which have evidentiary effects~~recording parenthood in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.

Amendment 218 #

Proposal for a regulation
Recital 75

Amendment 219 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination. To protect the best interest of the child, when the public policy exception has been raised by the courts and other competent authorities of the Member States, the recognition shall remain approved and all the rights derived from it until shall apply, or the authentic instrument shall remain accepted until all national and European remedies have been exhausted and a final ruling has been made.

Amendment 220 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse~~, in exceptional circumstances,~~ to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.

Amendment 221 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, while complying with the Charter of Fundamental Rights of the EU.

Amendment 222 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination, and Article 3 thereof on the right to the integrity of the person, which prohibits making the human body and its parts as such a source of financial gain.

Amendment 223 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 75

Amendment 224 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise ~~or, as the case may be, accept a~~a final court decision or authentic instrument with binding legal effect on the parenthood established in another Member State where, in a given case, such recognition ~~or acceptance~~ would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise ~~or, as the case may be, accept a~~a final court decision or an authentic instrument with binding legal effect issued in another Member State when doing so would be contrary to the Charter ~~and, in particular, Article 21 thereof, which prohibits discrimination~~.

Amendment 225 #

Proposal for a regulation
Recital 76

Amendment 226 #

Proposal for a regulation
Recital 76

Amendment 227 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 76

Amendment 228 #

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued by the Member State in which parenthood has been established for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.

Amendment 229 #

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

Amendment 230 #

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

Amendment 231 #

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

Amendment 232 #

Proposal for a regulation
Recital 78

(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a court decision or an authentic instrument) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a court decision or an authentic instrument be presented instead of the European Certificate of Parenthood.deleted

Amendment 233 #

Proposal for a regulation
Recital 78

Amendment 234 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 78

Amendment 235 #

Proposal for a regulation
Recital 78

(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a final court decision or an authentic instrument with binding legal effect) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a final court decision or an authentic instrument with binding legal effect be presented instead of the European Certificate of Parenthood.

Amendment 236 #

Proposal for a regulation
Recital 79

(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted

Amendment 237 #

Proposal for a regulation
Recital 79

Amendment 238 #

Proposal for a regulation
Recital 80

Amendment 239 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 80

Amendment 240 #

Proposal for a regulation
Recital 80

(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this RegulationThe European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects without precluding the Member State courts or competent authorities to which the certificate is presented from formally checking that it contains elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal as a result of it being manifestly contrary to public policy. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument with binding legal effect providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.

Amendment 241 #

Proposal for a regulation
Recital 81

(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted

Amendment 242 #

Proposal for a regulation
Recital 81

Amendment 243 #

Proposal for a regulation
Recital 81

Amendment 244 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 81

~~(81)~~ The court or other competent ~~(81)~~ authority on the basis of national law should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.

Amendment 245 #

Proposal for a regulation
Recital 81

(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended, refused or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.

Amendment 246 #

Proposal for a regulation
Recital 82

(82) This Regulation should provide for a modern means of access to justice making it possible for natural persons or their legal representatives and Member State courts or other competent authorities to communicate electronically through the European electronic access point established on the European e- Justice Portal by Regulation (EU) …/… [the Digitalisation Regulation]. Consistency with [the Digitalisation Regulation] should be ensured. It is therefore appropriate for this Regulation to refer to [the Digitalisation Regulation] as necessary, including as regards the definitions of ‘decentralised IT system’ and ‘European electronic access point’. The European electronic access point is part of a decentralised IT system. The decentralised IT system should be comprised of the back-end systems of Member States and interoperable access points, including the European electronic access point, through which they should be interconnected. The access points of the decentralised IT system should be based on the e-CODEX system established by Regulation (EU) 2022/850. The European Interoperability Framework provides the reference concept for interoperable policy implementation58. _________________ 58 COM(2022) 710 final and COM(2022) 720 final of 18 November 2022.deleted

Amendment 247 #

Proposal for a regulation
Recital 83

(83) The European electronic access point should allow natural persons or their legal representatives to ~~launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to~~ communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

Amendment 248 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 83

Amendment 249 #

Proposal for a regulation
Recital 83

~~(83)~~ The European electronic access ~~(83)~~ point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a final court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a final court decision or an authentic instrument with binding legal effect on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

Amendment 250 #

Proposal for a regulation
Recital 83

(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings ~~for the refusal of recognition of a court decision or an authentic instrument on parenthood~~under this Regulation. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

Amendment 251 #

Proposal for a regulation
Recital 84

(84) This Regulation should not affect the application of Conventions No 16, No 33 and No 34 of the International Commission on Civil Status (‘ICCS’) in respect of the plurilingual extracts and certificates of birth as between Member States or between a Member State and a third State.deleted

Amendment 252 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 85

(85) In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system for the purposes of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council59. _________________ 59 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 253 #

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).deleted

Amendment 254 #

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V ~~and the European Certificate of Parenthood provided for in Chapter VI of this Regulation~~ are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

Amendment 255 #

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V ~~and the European Certificate of Parenthood provided for in Chapter VI~~ of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

Amendment 256 #

Proposal for a regulation
Recital 87

(87) Respect for international commitments entered into by the Member States means that this Regulation should not affect the application of international conventions to which one or more Member States are party at the time when this Regulation is adopted. To make the rules more accessible, the Commission should publish the list of the relevant conventions in the European e-Justice Portal on the basis of the information supplied by the Member States. Consistency with the general objectives of this Regulation requires, however, that this Regulation take precedence, as between Member States, over conventions concluded exclusively between two or more Member States in so far as such conventions concern matters governed by this Regulation.

Amendment 257 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 89 a (new)

(89a) Whenever there will be doubt as regards the interpretation of a provision of this Regulation, national judges should use the preliminary ruling mechanism in order to obtain a uniformly applicable interpretation from the Court of Justice of the European Union.

Amendment 258 #

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3(2)(c) of the Charter prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.

Amendment 259 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 7 on everyone’s right to respect for their private and family life, Article 9 on the right to marry and right to found a family, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.

Amendment 260 #

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, Article 3 on the right to the integrity of the person, and Article 24 on the protection of the rights of the child.

Amendment 261 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities ~~to request, receive and send a European Certificate of Parenthood, or~~ in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

Amendment 262 #

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

Amendment 263 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

Amendment 264 #

Proposal for a regulation
Recital 93

(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).

Amendment 265 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 95

(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.

Amendment 266 #

Proposal for a regulation
Recital 95

(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.

Amendment 267 #

Proposal for a regulation
Recital 95

Amendment 268 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 269 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law ~~for the establishment of~~in proceedings to establish or contest parenthood in a Member State in cross- border situations; common rules for the ~~recognition~~enforcement or, as the case may be, ~~acceptance~~recognition in a Member State of final court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.

Amendment 270 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; and common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State~~; and creates a European Certificate of Parenthood~~.

Amendment 271 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 1 – paragraph 1

Amendment 272 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition ~~or, as the case may be, acceptance~~ in a Member State of final court decisions on parenthood given, and authentic instruments with binding legal effect on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.

Amendment 273 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the mutual recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.

Amendment 274 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation shall not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. In particular, this Regulation shall not affect the limitations relating to the use of public policy as a justification to refuse the recognition of parenthood where, under Union law on free movement, Member States are obliged to recognise a document establishing a parent-child relationship issued by the authorities of another Member State for the purposes of rights derived from Union law.

Amendment 275 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation shall not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. ~~In particular, t~~This Regulation shall not ~~affect the limitations relating to the use of~~preclude the Member States from using public policy as a justification to refuse the recognition of parenthood where, under Union law on free movement, Member States are obliged to recognise a document establishing a parent-child relationship issued by the authorities of another Member State for the purposes of rights derived from Union law.

Amendment 276 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Article 2 – paragraph 1 a (new)

1a. Nothing in this Regulation can be interpreted as obliging a Member State to accept the practice of surrogacy, or any of its legal consequences.

Amendment 277 #

2. This Regulation sh~~all not affect~~ould be part of Regulation (EU) 2016/1191, in particular as regards public documents, as defined in that Regulation, on birth, parenthood and adoption.

Amendment 278 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

2a. No provision of this Regulation may be interpreted in such a way as to commit a Member State to having to accept the legal effects of a practice deemed illegal under its own legal system.

Amendment 279 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) the existence, validity or recognition of a marriage or of a relationship deemed by the national law applicable to such relationship to have comparable effects, such as a registered partnership or cohabiting relationship;

Amendment 280 #

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(aa) the existence, validity or recognition of parenthood in the Member States;

Amendment 281 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) parental responsibility matters, or the exercise of parental responsibility, such as the attribution, exercise, delegation, total or partial withdrawal of parental responsibility or parental authority;

Amendment 282 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) matters relating to parental responsibility ~~matters~~and custody;

Amendment 283 #

Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)

(ea) parent-child relationships in which the child was conceived through a surrogate pregnancy, as defined in point 1 a of paragraph 1 of Article 4. Exclusion from the scope of this regulation shall apply in the same manner for cases in which a surrogate pregnancy has been carried out in a Member State or in a third country and then established and recognised in a Member State.

Amendment 284 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Article 3 – paragraph 2 – point i

(i) the ~~leg~~substantive and procedural requirements for the recording of parenthood in a register of a Member State, and the effects of recording or failing to record parenthood in a register of a Member State.

Amendment 285 #

2a. (j) the recognition of parenthood of orderers in a surrogacy contract, of children born of surrogacy.

Amendment 286 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 3 – paragraph 3

3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition o~~r, as the case may be, acceptance of authentic instruments~~f authentic instruments with binding legal effect establishing or proving parenthood drawn up or registered in a third State.

Amendment 287 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘'parenthood’' means the parent- child relationship established in ~~law~~the law of the Member State from which recognition is being requested. It includes the legal status of being the child of a particular parent or parents;

Amendment 288 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the parent- child relationship established in law and recognised in all Member States. It includes the legal status of being the child of a particular parent or parents;

Amendment 289 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the ~~parent- child relationship~~relationship between a child and a parent as established in law. It includes the legal status of being the child of a particular parent or parents;

Amendment 290 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;

Amendment 291 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)

1a. 'Surrogate pregnancy' means a form of assisted reproduction in which a woman is contractually obliged to proceed with a pregnancy on behalf of third parties, intending or commissioning parents, either free of charge or for a consideration.

Amendment 292 #

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)

1a. 'parent’ means, depending on the circumstances, either the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.

Amendment 293 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2

2. ‘child’ means a person of any age, including a deceased child or a child who has not yet been born, whose parenthood is to be established~~, recognised or proved;~~ or contested.

Amendment 294 #

Proposal for a regulation
Article 4 – paragraph 1 – point 2

2. ‘child’ means a person ~~of any age~~ whose parenthood is to be established, recognised or proved;

Amendment 295 #

Proposal for a regulation
Article 4 – paragraph 1 – point 4

4. 'court' means any judicial authority ~~in a Member State that~~and all other authorities of a Member State with jurisdiction in matters of parenthood which exercises judicial functions ~~in matters of parenthood;~~or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:

Amendment 296 #

Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a (new)

a) may be made the subject of an appeal to or review by a judicial authority; and

Amendment 297 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b (new)

b) have a similar force and effect as a decision of a judicial authority on the same matter.

Amendment 298 #

Proposal for a regulation
Article 4 – paragraph 1 – point 5

5. '‘final court decision'’ means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood and in respect of which there can be no further appeal, whether ordinary or extraordinary;

Amendment 299 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 4 – paragraph 1 – point 6 – introductory part

6. ‘authentic instrument' with binding legal effect’ means a document that has been formally drawn up or registered as an authentic instrument with binding legal effect in any Member State in matters of parenthood and the authenticity of which:

Amendment 300 #

Proposal for a regulation
Article 4 – paragraph 1 – point 6 – point b a (new)

(ba) is not manifestly inconsistent with the general principles of international law, in particular the Universal Declaration of Human Rights and the International Convention on the Rights of the Child;

Amendment 301 #

Proposal for a regulation
Article 4 – paragraph 1 – point 7

7. 'Member State of origin' means the Member State in which the court decision on parenthood has been given, the authentic instrument on parenthood has been formally drawn up or registered~~, or the European Certificate of Parenthood has been issued~~;

Amendment 302 #

Proposal for a regulation
Article 5 – paragraph 1

This Regulation ~~shall~~ cannot affect the competence of the authorities of the Member States to deal with parenthood matters or make decisions regarding the recognition of parenthood when it is at odds with their national law or where parenthood has been recognised on the basis of instruments that violate international or EU law.

Amendment 303 #

Proposal for a regulation
Article 5 – paragraph 1

This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters without any cross-border dimension .

Amendment 304 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

In matters relating to parenthood, in order of priority, jurisdiction shall lie with the courts of the Member State:

Amendment 305 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

~~In matters relating to parenthood, jurisdiction shall lie with the court~~Jurisdiction shall be determined, in each Member State, in accordance with the laws of the Member State: concerned.

Amendment 306 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – point a

~~(a) of the habitual residence of the child at the time the court is seised, or~~deleted

Amendment 307 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) of the ~~habitual residenc~~legal domicile of the child's parents at the time the court is seised, or

Amendment 308 #

~~(b) of the nationality of the child at the time the court is seised, or~~deleted

Amendment 309 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) of the nationality of the child ~~at the time the court is seised~~, or

Amendment 310 #

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) of the habitual residence of the respondent at the time the court is seised, or~~deleted

Amendment 311 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – point d

~~(d) of the habitual residence of either parent at the time the court is seised, or~~deleted

Amendment 312 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – point e

~~(e) of the nationality of either parent at the time the court is seised, or~~deleted

Amendment 313 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1 – point f

~~(f) of birth of the child.~~deleted

Amendment 314 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 7

determined on the basis of Article 6, the courts of the Member State where the child is present shall have jurisdiction. Where jurisdiction cannot be determined on the basis of Article 6, the courts of the Member State where the child is present shall have jurisdiction.Article 7 deleted 7 Where jurisdiction cannot be

Amendment 315 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 8

8 Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that Member Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that MemberArticle 8 deleted State.

Amendment 316 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 9 – paragraph 1

Where no court of a Member State has jurisdiction pursuant to ~~other provisions of this Regulation~~its own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.

Amendment 317 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 10 – paragraph 1

1. If the outcome of proceedings in a matter not falling within the scope of this Regulation before a court of a Member State depends on the determination of an incidental question relating to parenthood, a court in that Member State may determine that question for the purposes of those proceedings even if that Member State does not have jurisdiction under this Regulation.deleted

Amendment 318 #

Proposal for a regulation
Article 10 – paragraph 2

~~2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made.~~deleted

Amendment 319 #

Proposal for a regulation
Article 10 – paragraph 2

2. The non-definitive determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made and may be used as evidence in pending related actions.

Amendment 320 #

Proposal for a regulation
Article 12 – paragraph 1

Where a court of a Member State is seised of a case over which it has no jurisdiction as to the substance of the matter under this Regulation and over which a court of another Member State has jurisdiction as to the substance of the matter under this Regulation, it shall declare of its own motion that it has no jurisdiction, with the case immediately being referred to the competent court.

Amendment 321 #

Proposal for a regulation
Article 15 – title

15 Right of the child~~ren~~ to express their views and be heard

Amendment 322 #

Proposal for a regulation
Article 15 – paragraph 1

1. When exercising their jurisdiction under this Regulation, the courts of the Member States shall, in accordance with national law and procedure, support and provide a child~~ren~~ below the age of 18 years ~~whose parenthood is to be established and~~ who are capable of forming their own views, with a genuine and effective opportunity to express their views, emotions and wishes either directly or through a representative or an appropriate body.

Amendment 323 #

Proposal for a regulation
Article 15 – paragraph 2

2. Where the court, in accordance with national law and procedure, gives a child~~ren~~ below the age of 18 years an opportunity to express their views in accordance with this Article, the court shall give due weight to the views, emotions and wishes of the child~~ren~~ in accordance with their age and maturity.

Amendment 324 #

Proposal for a regulation
Article 16

~~16 Any law designated as applicable by this Regulation shall be applied whether Any law designated as applicable by this Regulation shall be applied whether~~Article 16 deleted or not it is the law of a Member State.

Amendment 325 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 16 – paragraph 1

Any law designated as applicable by this Regulation shall be applied ~~whether or not it is~~only if it is not manifestly and expressly contrary to the law of a Member State.

Amendment 326 #

1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childMember State whose courts are seised of the case.

Amendment 327 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Jan OLBRYCHT

Proposal for a regulation
Article 17 – paragraph 1

1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth ~~at the time of birth~~cannot be determined at the time of birth, the law of the State of nationality of the person giving birth or, if that cannot be determined, the law of the State of birth of the child.

Amendment 328 #

Proposal for a regulation
Article 17 – paragraph 1

1. The law applicable to the establishment of parenthood shall be the national law of the ~~State~~child ofr the ~~habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of~~law of the State of which one of the parents is a citizen at the ~~Stat~~time of birth ~~of the child~~.

Amendment 329 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 17 – paragraph 2

2. Notwithstanding paragraph 1, where the applicable law pursuant to paragraph 1 results in the establishment of parenthood as regards only one parent, the law of the State of nationality of that parent or of the second parent, or the law of the State of birth of the child, may apply to the establishment of parenthood as regards the second parent.deleted

Amendment 330 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Article 17 – paragraph 2

Amendment 331 #

Proposal for a regulation
Article 17 – paragraph 2

2. Notwithstanding paragraph 1, where the applicable law pursuant to paragraph 1 results in the establishment of parenthood as regards only one parent, ~~the law of the State of nationality of that parent or of the second parent, or~~ the law of the State of birth of the child, may apply to the establishment of parenthood as regards the second parent.

Amendment 332 #

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) the ~~procedures to~~conditions for establishing or contesting parenthood;

Amendment 333 #

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) the ~~procedure~~conditions to establish or contest parenthood;

Amendment 334 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 18 – paragraph 1 – point b

~~(b) the binding legal effect and/or the evidentiary effects of authentic instruments;~~deleted

Amendment 335 #

Proposal for a regulation
Article 18 – paragraph 1 – point b

(b) the binding legal effect ~~and/or the evidentiary effects~~ of authentic instruments;

Amendment 336 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 19 – paragraph 1

Where parenthood has been definitively established in a Member State pursuant to this Regulation, a subsequent change of the applicable law shall not affect the parenthood already established.

Amendment 337 #

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. A unilateral act intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of ~~one of the following laws:~~the law applicable to the establishment of parenthood in accordance with Article 17.

Amendment 338 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

1. A unilateral act, or joint declaration, intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:

Amendment 339 #

Proposal for a regulation
Article 20 – paragraph 1 – point a

~~(a) the law applicable to the establishment of parenthood pursuant to Article 17;~~deleted

Amendment 340 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 20 – paragraph 1 – point b

~~(b) the law of the State in which the person doing the act has the habitual residence; or~~deleted

Amendment 341 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO

Proposal for a regulation
Article 20 – paragraph 1 – point c

~~(c) the law of the State in which the act was done.~~deleted

Amendment 342 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 20 – paragraph 2

2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the ~~forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the~~ forum.

Amendment 343 #

Proposal for a regulation
Article 21 – paragraph 1

The application of the law of any State specified by this Regulation means the application of the rules of substantive and procedural law in force in that State other than its rules of private international law.

Amendment 344 #

Proposal for a regulation
Article 22

1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum. 2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.Article 22 deleted Public policy (ordre public)

Amendment 345 #

Proposal for a regulation
Article 22 – paragraph 1

Amendment 346 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 22 – paragraph 2

Amendment 347 #

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article ~~21 thereof on the right to non-~~3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.

Amendment 348 #

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the general principles of international law, in particular the Universal Declaration of Human Rights and the International Convention on the Rights of the Child, and in observance of the fundamental rights and principles laid down in the Charter, in particular Article ~~21 thereof on the right to non- discrimination~~1, 3 and 5 thereof.

Amendment 349 #

Proposal for a regulation
Article 22 – paragraph 2

Amendment 350 #

Proposal for a regulation
Article 22 – paragraph 2

2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in ~~observ~~accordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.

Amendment 351 #

Proposal for a regulation
Article 22 – paragraph 2 a (new)

2a. When an appeal is formed by the applicants following the application of paragraph 1 by the courts and other competent authorities of the Member States, the public policy exception shall have no effect until all national and European remedies have been exhausted and a final ruling has been made.

Amendment 352 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 24 – paragraph 1

1. A court decision on parenthood given in a Member State shall be recognised in all other Member States ~~without any special procedure being required~~, in compliance with the general principles of international conventions and EU law, including the principle of non- discrimination, women’s rights and the ban on human trafficking.

Amendment 353 #

Proposal for a regulation
Article 24 – paragraph 1

1. A final court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as referred to in Article 31.

Amendment 354 #

Proposal for a regulation
Article 24 – paragraph 1

1. AWithin the limits provided for in paragraph 1 of Article 31 and cases where Article 41 a applies, a court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required.

Amendment 355 #

Proposal for a regulation
Article 24 – paragraph 1

1. A final court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required.

Amendment 356 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 24 – paragraph 2

2. ~~In particular, no special procedure shall be required for~~The updating of the civil- status records of a Member State on the basis of a court decision on parenthood given in another Member State ~~and against which no further appeal lies under the law of that Member State.~~ may be subject by the former Member State to a review of compliance with the fundamental principles set out in the relevant international conventions, EU law and its own national law.

Amendment 357 #

Proposal for a regulation
Article 24 – paragraph 2

2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a final court decision on parenthood given in another Member ~~State and against which no further appeal lies under the law of that Member~~ State.

Amendment 358 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 24 – paragraph 3

3. Where the recognition ~~of a~~and execution of a final court decision is raised as an incidental question before a court of a Member State, that court may determine that issue.

Amendment 359 #

Proposal for a regulation
Article 24 – paragraph 3

3. Where the recognition of a final court decision is raised as an incidental question before a court of a Member State, that court may determine that issue.

Amendment 360 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 25 – paragraph 1

1. Any ~~interested party~~party with a legitimate interest under the procedural law of the Member State in which the proceedings are brought may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.

Amendment 361 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. A party who wishes to invoke in a Member State a final court decision given in another Member State shall produce the following:

Amendment 362 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) a copy of the final court decision that satisfies the conditions necessary to establish its authenticity; and

Amendment 363 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 26 – paragraph 2

2. The court or other competent authority before which a final court decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration of the translatable content of the free text fields of the attestation referred to in point (b) of paragraph 1 of this Article.

Amendment 364 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 26 – paragraph 3

3. The court or other competent authority before which a final court decision given in another Member State is invoked may require the party to provide a translation or transliteration of the court decision in addition to a translation or transliteration of the translatable content of the free text fields of the attestation if it is unable to proceed without such a translation or transliteration.

Amendment 365 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 27

1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with its production. 2. If the court or other competent authority before which a court decision given in another Member State is invoked so requires, a translation or transliteration of such equivalent documents shall be produced.Article 27 deleted Absence of documents

Amendment 366 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 27 – paragraph 1

Amendment 367 #

Proposal for a regulation
Article 28 – paragraph 1 – introductory part

The court before which a final court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision stating that there are no grounds for refusal of recognition as referred to in Article 25, or for a decision stating that the recognition is to be refused on one of those grounds.

Amendment 368 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 28 – paragraph 1 – point a

~~(a) an ordinary appeal against that court decision has been lodged in the Member State of origin; or~~deleted

Amendment 369 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 28 – paragraph 1 – point b

(b) an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.deleted

Amendment 370 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 29 – paragraph 1

1. The court of a Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for a final court decision on parenthood using the form set out in Annex I.

Amendment 371 #

Proposal for a regulation
Article 29 – paragraph 2

2. The attestation shall be completed and issued in the language of the court decision. TUpon request of a party, the attestation ~~may~~shall also be issued in another official language of the institutions of the European Union ~~requested by the party. This does not cre~~. Member States a~~ny obligation for the court issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields~~re to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body.

Amendment 372 #

Proposal for a regulation
Article 29 – paragraph 4

4. ~~No challenge shall lie against the issuance of~~The law of the Member State of origin shall apply to the procedure for contesting the attestation.

Amendment 373 #

Proposal for a regulation
Article 31 – paragraph 1 – introductory part

1. The recognition of a court decision shall in particular be refused:

Amendment 374 #

Proposal for a regulation
Article 31 – paragraph 1 – point a

~~(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interests;~~deleted

Amendment 375 #

Proposal for a regulation
Article 31 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the ~~child’s~~best interests of the child;

Amendment 376 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 31 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked~~, taking into account the child’s interests~~;

Amendment 377 #

Proposal for a regulation
Article 31 – paragraph 1 – point b

(b) where it was given in default of appearance if the persons in default were not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable those persons to arrange for their defence unless it is determined that such persons have accepted the final court decision unequivocally;

Amendment 378 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 31 – paragraph 1 – point c

(c) upon application by any person with a legitimate interest under the procedural law of the Member State in which the proceedings are brought claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;

Amendment 379 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 31 – paragraph 1 – point c

(c) upon application and presentation of evidence by any person claiming that the court decision infringes ~~his fatherhood or her mother~~their parenthood over the child if it was given without such person having been given an opportunity to be heard;

Amendment 380 #

Proposal for a regulation
Article 31 – paragraph 1 – point d

(d) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in the Member State in which recognition is invoked;

Amendment 381 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO

Proposal for a regulation
Article 31 – paragraph 1 – point e

(e) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in another Member State provided that the later final court decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.

Amendment 382 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)

(ea) if there is a failure to submit the documents referred to in Article 26, without prejudice to the possibility for the court seised to waive this obligation in accordance with Article 32(7).

Amendment 383 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Article 31 – paragraph 1 a (new)

1a. (f) if the recognition of parenthood induces the tolerance or acceptance of a contract, usually called surrogacy, through which a natural or legal person agrees with a woman that she will carry a child for the purpose of handing it upon birth, or any consequences of such a contract.

Amendment 384 #

Proposal for a regulation
Article 31 – paragraph 2

Amendment 385 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 31 – paragraph 2

Amendment 386 #

Proposal for a regulation
Article 31 – paragraph 2

2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article ~~21 thereof on the right to non-~~3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.

Amendment 387 #

Proposal for a regulation
Article 31 – paragraph 2

Amendment 388 #

Proposal for a regulation
Article 31 – paragraph 2

2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in ~~observ~~accordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.

Amendment 389 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 31 – paragraph 2 a (new)

2a. When an appeal is formed by the applicants following the application of point (a) of paragraph 1 by the courts and other competent authorities of the Member States, the recognition shall remain approved and all the rights derived from it shall apply until all national and European remedies have been exhausted and a final ruling has been made.

Amendment 390 #

Proposal for a regulation
Article 31 – paragraph 3

3. The recognition of a final court decision in matters of parenthood may be refused if it was given without children having been given an opportunity to express their views, unless this is against the interest of the child. Where children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.

Amendment 391 #

Proposal for a regulation
Article 32 – paragraph 1

1. The procedure for making an application for refusal of recognition shall~~, in so far as it is not covered by this Regulation,~~ be governed by the law of the Member State in which proceedings for non- recognition are brought.

Amendment 392 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 32 – paragraph 2

~~2. The recognition of a court decision in matters of parenthood shall be refused if one of the grounds for refusal of recognition referred to in Article 31 is found to exist.~~deleted

Amendment 393 #

Proposal for a regulation
Article 32 – paragraph 2

2. The recognition of a final court decision in matters of parenthood shall be refused if one of the grounds for refusal of recognition referred to in Article 31 is found to exist.

Amendment 394 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 32 – paragraph 4

4. The applicant shall provide the court with a copy of the final court decision which satisfies the conditions necessary to establish its authenticity and, where applicable and possible, the appropriate attestation issued pursuant to Article 29.

Amendment 395 #

Proposal for a regulation
Article 32 – paragraph 5

5. The court may~~, where necessary,~~ require the applicant to provide a translation or transliteration of the court order or of the translatable content of the free text fields of the appropriate attestation issued pursuant to Article 29.

Amendment 396 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 32 – paragraph 6

~~6. If the court is unable to proceed without a translation or transliteration of the court decision, it may require the applicant to provide such a translation or transliteration.~~deleted

Amendment 397 #

Proposal for a regulation
Article 32 – paragraph 6

6. If the court is unable to proceed without a translation or transliteration of the final court decision, it may require the applicant to provide such a translation or transliteration.

Amendment 398 #

Proposal for a regulation
Article 32 – paragraph 7 – introductory part

7. The court ~~may~~shall dispense with the production of the documents referred to in paragraph 4 if:

Amendment 399 #

Proposal for a regulation
Article 32 – paragraph 7 – point b

~~(b) it considers it unreasonable to require the applicant to provide them.~~deleted

Amendment 400 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

1. Any party with an established legitimate interest may challenge or appeal against a court decision on the application for refusal of recognition.

Amendment 401 #

Proposal for a regulation
Article 33 – paragraph 2

2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and which shall be determined in accordance with the law of the Member State of the court that refused recognition.

Amendment 402 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 34 – paragraph 1

A court decision given on the challenge or appeal may only be contested by a challenge or appeal where ~~the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.~~:

Amendment 403 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 34 – paragraph 1 – point a (new)

(a) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.

Amendment 404 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 34 – paragraph 1 – point b (new)

(b) if the courts with which any further challenge or appeal is to be lodged have been established in accordance with the law of the Member State of the court that was seised of the case.

Amendment 405 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Chapter IV – Section 3 – title

3 Authentic instruments ~~with binding legal effect~~establishing parenthood

Amendment 406 #

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

This Section shall apply to authentic instruments establishing parenthood in accordance with national law and that:

Amendment 407 #

Proposal for a regulation
Article 35 – paragraph 1 – point a

(a) have been formally drawn up or registered in a Member State assuming jurisdiction under Chapter II~~; and~~.

Amendment 408 #

Proposal for a regulation
Article 35 – paragraph 1 – point b

~~(b) have binding legal effect in the Member State where they have been formally drawn up or registered.~~deleted

Amendment 409 #

Proposal for a regulation
Article 36 – paragraph 1

AProvided that they are not deemed by a Member State to be at odds with the fundamental principles listed in the relevant international conventions, EU law or its own national law, authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in othe former Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

Amendment 410 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 36 – paragraph 1

AWithin the limits provided for in paragraph 1 of Article 39 and cases where Article 41 a applies, authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

Amendment 411 #

Proposal for a regulation
Article 36 – paragraph 1

Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required, unless there are grounds for refusal of recognition as listed in Article 31. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

Amendment 412 #

Proposal for a regulation
Article 36 – paragraph 1

Authentic instruments establishing parenthood ~~with binding legal effect~~ in the Member State of origin shall be recognised in other Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.

Amendment 413 #

Proposal for a regulation
Article 37 – paragraph 1

1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood ~~with binding legal effect~~ using the form set out in Annex II.

Amendment 414 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 37 – paragraph 1

Amendment 415 #

Proposal for a regulation
Article 37 – paragraph 1

1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II.(Does not affect the English version.)

Amendment 416 #

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. The attestation may be issued only if ~~the following conditions are met~~:

Amendment 417 #

Proposal for a regulation
Article 37 – paragraph 2 – point a

(a) the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument establishing parenthood had jurisdiction under Chapter II~~; and~~.

Amendment 418 #

Proposal for a regulation
Article 37 – paragraph 2 – point b

~~(b) the authentic instrument has binding legal effect in that Member State.~~deleted

Amendment 419 #

Proposal for a regulation
Article 37 – paragraph 3

3. The attestation shall be completed in the language of the authentic instrument. ~~It may~~Upon request of a party, the attestation shall also be issued in another official language of the institutions of the European Union ~~requested by the party. This does not cre~~. Member States a~~ny obligation for the competent authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields~~re to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body.

Amendment 420 #

Proposal for a regulation
Article 37 – paragraph 5

5. If the attestation is not produced, the authentic instrument shall not, a priori, be recognised in another Member State.

Amendment 421 #

Proposal for a regulation
Article 39 – paragraph 1 – introductory part

1. The recognition of an authentic instrument establishing parenthood ~~with binding legal effect shall be refused~~:

Amendment 422 #

Proposal for a regulation
Article 39 – paragraph 1 – point a

~~(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’s interests;~~deleted

Amendment 423 #

Proposal for a regulation
Article 39 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the ~~child’s~~best interests of the child;

Amendment 424 #

Proposal for a regulation
Article 39 – paragraph 1 – point a

(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked~~, taking into account the child’s interests~~;

Amendment 425 #

Proposal for a regulation
Article 39 – paragraph 1 – point c

(c) if and to the extent that it is irreconcilable with a later court decision relating to parenthood given, or a later authentic instrument establishing parenthood ~~with binding legal effect~~ drawn up or registered, in the Member State in which recognition is invoked;

Amendment 426 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Article 39 – paragraph 1 – point d

(d) if and to the extent that it is irreconcilable with a later court decision relating to parenthood given, or a later authentic instrument establishing parenthood ~~with binding legal effect~~ drawn up or registered, in another Member State provided that the later court decision or authentic instrument fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.

Amendment 427 #

Proposal for a regulation
Article 39 – paragraph 1 a (new)

Amendment 428 #

Proposal for a regulation
Article 39 – paragraph 2

Amendment 429 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 39 – paragraph 2

Amendment 430 #

Proposal for a regulation
Article 39 – paragraph 2

Amendment 431 #

Proposal for a regulation
Article 39 – paragraph 2

2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the general principles of international law, in particular the Universal Declaration of Human Rights and the International Convention on the Rights of the Child, and in observance of the fundamental rights and principles laid down in the Charter, in particular Article ~~21 thereof on the right to non-discrimination~~1, 3 and 5 thereof.

Amendment 432 #

Proposal for a regulation
Article 39 – paragraph 2

Amendment 433 #

Proposal for a regulation
Article 39 – paragraph 2

Amendment 434 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 39 – paragraph 2 a (new)

2a. When following the application of point (a) of paragraph 1 by the courts and other competent authorities of the Member States, an appeal is formed by the applicants, the recognition of the authentic instrument shall remain approved and all the rights derived from it shall apply until all national and European remedies have been exhausted and a final ruling has been made.

Amendment 435 #

Proposal for a regulation
Article 39 – paragraph 3

3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views, unless this is against the interest of the child. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.

Amendment 436 #

Proposal for a regulation
Article 39 – paragraph 3

3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views~~. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views~~ in accordance with article 15.

Amendment 437 #

Proposal for a regulation
Article 39 – paragraph 3

3. The recognition of an authentic instrument establishing parenthood ~~with binding legal effect~~ may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views.

Amendment 438 #

Proposal for a regulation
Article 40

40 The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed.The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out inArticle 40 deleted Articles 6 to 9.

Amendment 439 #

Proposal for a regulation
Article 40 – paragraph 1

The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. ~~The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.~~

Amendment 440 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO

Proposal for a regulation
Article 40 – paragraph 1

Amendment 441 #

Proposal for a regulation
Article 40 – paragraph 1

TWithout prejudice to Articles 34 and 69 of this Regulation, the jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.

Amendment 442 #

Proposal for a regulation
Article 41

41 Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewArticle 41 deleted as to their substance.

Amendment 443 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 41 – paragraph 1

~~Under no circumstances may~~If violations within the meaning of Article 40 are reported, a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, may not be reviewed as to their substance but shall lose any general binding effect in the other Member States.

Amendment 444 #

Proposal for a regulation
Article 41 – paragraph 1

Under no circumstances may a final court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed as to their substance.

Amendment 445 #

Proposal for a regulation
Article 41 – paragraph 1

Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood ~~with binding legal effect~~ in the Member State of origin, be reviewed as to their substance.

Amendment 446 #

Proposal for a regulation
Article 41 a (new)

Article 41 a Disapplication Member States that, on the date of entry into force of this regulation, have established suitable legislation to ensure that children's rights are fully upheld and that the parent-child relationship of children born abroad is recognised by means of instruments other than that recognising judicial decisions or binding public decisions made in other Member States may disapply the recognition rules laid down in this chapter. To that end, the Member State's competent public authority shall issue a communication to the Commission within six months of the regulation's entry into force explaining how the relevant national legislation ensures that the principles of non-discrimination and of the best interests of the child.

Amendment 447 #

Proposal for a regulation
Article 43 – paragraph 1

1. An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in the proceedings provided for in Article 25(1) and Article 32, to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State in which proceedings are brought. The competent authority in the Member State of origin shall provide such statement free of cost and within two weeks after receiving a request from the party.

Amendment 448 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Chapter V – title

V AUTHENTIC INSTRUMENTS ~~WITH NO BINDING LEGAL EFFECT~~RECORDING PARENTHOOD

Amendment 449 #

Proposal for a regulation
Article 44

44 This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in thatArticle 44 deleted Member State.

Amendment 450 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 44 – paragraph 1

This Chapter shall apply to authentic instruments ~~which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State~~recording parenthood in the Member State of origin.

Amendment 451 #

Proposal for a regulation
Article 45

Acceptance of authentic instruments 1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented. 2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination. 3. A person wishing to use such an authentic instrument in another Member State may ask the authority that has formally drawn up or registered the authentic instrument in the Member State of origin to fill in the form in Annex III describing the evidentiary effects which the authentic instrument produces in the Member State of origin. 4. The attestation shall contain a statement informing Union citizens and their family members that the attestation does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. 5. Any challenge relating to the authenticity of such an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that Member State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. 6. Any challenge relating to the legal acts or legal relationships recorded in such an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. 7. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in such an authentic instrument, that court shall have jurisdiction over that question.rticle 45 deleted

Amendment 452 #

Proposal for a regulation
Article 45 – paragraph 1

1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects~~, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented~~.

Amendment 453 #

Proposal for a regulation
Article 45 – paragraph 1

1. An authentic instrument which has no binding legal effect in the Member State of origin shall have ~~the same~~ evidentiary effects ~~in another Member State as it has in the Member State of origin~~, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.

Amendment 454 #

Proposal for a regulation
Article 45 – paragraph 1

1. An authentic instrument ~~which has no binding legal effect~~recording parenthood in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.

Amendment 455 #

Proposal for a regulation
Article 45 – paragraph 2

Amendment 456 #

Proposal for a regulation
Article 45 – paragraph 2

2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the general principles of international law, in particular the Universal Declaration of Human Rights and the International Convention on the Rights of the Child, and in observance of the fundamental rights and principles laid down in the Charter, in particular Article ~~21 thereof on the right to non-discrimination~~1, 3 and 5 thereof.

Amendment 457 #

Proposal for a regulation
Article 45 – paragraph 2

2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination and Article 3 on the right to the integrity of the person.

Amendment 458 #

Proposal for a regulation
Article 45 – paragraph 2

2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in ~~observ~~accordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.

Amendment 459 #

Proposal for a regulation
Article 45 – paragraph 2 a (new)

2a. When following the application of paragraph 1 by the courts and other competent authorities of the Member States, an appeal is formed by the applicants, the authentic instrument shall be remain accepted and produce its effects until all national and European remedies have been exhausted and a final ruling has been made.

Amendment 460 #

Proposal for a regulation
Chapter VI – title

VI ~~EUROPEAN CERTIFICATE OF PARENTHOOD~~. chapter deleted

Amendment 461 #

Proposal for a regulation
Article 46

Creation of a European Certificate of 1. This Regulation creates a European Certificate of Parenthood (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 53. 2. The use of the Certificate shall not be mandatory. 3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.Article 46 deleted Parenthood

Amendment 462 #

Proposal for a regulation
Article 46

Amendment 463 #

Proposal for a regulation
Article 46 – paragraph 1

1. This Regulation creates ~~a European~~the possibility of issuing a Certificate of Parenthood (‘the Certificate’) ~~which shall be issued~~ for use in another Member State ~~and shall produce the effects listed in Article 53~~.

Amendment 464 #

Proposal for a regulation
Article 46 – paragraph 2

2. The use of ~~the~~such a Certificate shall not be mandatory.

Amendment 465 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 46 – paragraph 3

3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.

Amendment 466 #

Proposal for a regulation
Article 46 – paragraph 3

Amendment 467 #

Proposal for a regulation
Article 47

47 The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’sArticle 47 deleted parenthood status.

Amendment 468 #

Proposal for a regulation
Article 47

Amendment 469 #

Proposal for a regulation
Article 47 – paragraph 1

The Certificate is for use by a child or a legal representative who~~, in another Member State,~~ needs to invoke the child’s parenthood status.

Amendment 470 #

Proposal for a regulation
Article 48

Competence to issue the Certificate 1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted

Amendment 471 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 48

1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted Competence to issue the Certificate

Amendment 472 #

Proposal for a regulation
Article 48 – paragraph 1

1. The Certificate shall be issued inby the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6~~, Article 7~~ or Article 9.

Amendment 473 #

Proposal for a regulation
Article 49

Application for a Certificate 1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative. 2. For the purposes of submitting an application, the applicant may use the form established in Annex IV. 3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2): (a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (b) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (d) the place and Member State where the parenthood of the child is registered; (e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood; (f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (g) a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified; (h) any other information which the applicant deems useful for the purposes of the issuance of the Certificate.rticle 49 deleted

Amendment 474 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 49 – paragraph 1

~~1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative.~~deleted

Amendment 475 #

Proposal for a regulation
Article 49 – paragraph 2

2. For the purposes of submitting an application, the applicant ~~may~~shall use the form established in Annex IV.

Amendment 476 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 49 – paragraph 3 – introductory part

3. The application shall contain the information listed below~~, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified,~~ and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity~~, without prejudice to Article 50(2)~~:

Amendment 477 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 49 – paragraph 3 – point a

(a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number ~~(if applicable)~~, address;

Amendment 478 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 49 – paragraph 3 – point c

(c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number ~~(if applicable)~~, address;

Amendment 479 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 49 – paragraph 3 – point d

(d) the place ~~and Member State~~ where the parenthood of the child is registered;

Amendment 480 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO

Proposal for a regulation
Article 49 – paragraph 3 – point e

(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document~~(s)~~ or documents establishing parenthood with binding legal effect or providing evidence of the parenthood that satisfy the conditions necessary to establish their authenticity;

Amendment 481 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 49 – paragraph 3 – point e

(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood ~~with binding legal effect~~ or providing evidence of the parenthood;

Amendment 482 #

Proposal for a regulation
Article 49 – paragraph 3 – point f

(f) the contact details of the Member State’s court that established parenthood, or of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect~~, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State~~;

Amendment 483 #

Proposal for a regulation
Article 49 – paragraph 3 – point f

(f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood ~~with binding legal effect~~, or of the competent authority that issued an authentic instrument ~~with no binding legal effect~~recording parenthood in the Member State of origin ~~but with evidentiary effects in that Member State~~;

Amendment 484 #

Proposal for a regulation
Article 50

1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidence which it deems necessary. 2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence. 3. Where this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath. 4. For the purposes of this Article, the competent authority of a Member State shall, upon request, provide the issuing authority of another Member State with information held, in particular, in the civil, personal or population registers and other registers recording facts of relevance for the parenthood of the applicant, where that competent authority would be authorised, under national law, to provide another national authority with such information.Article 50 deleted Examination of the application

Amendment 485 #

Proposal for a regulation
Article 50 – paragraph 1

Amendment 486 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 50 – paragraph 1

Amendment 487 #

Proposal for a regulation
Article 50 – paragraph 2

2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence.deleted

Amendment 488 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 50 – paragraph 3

3. WThe declaration referred this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath.o in Article 49(3), point (g) shall be drawn up in accordance with the national law and subject to the conditions laid down therein;

Amendment 489 #

Proposal for a regulation
Article 51

1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V. The issuing authority shall not issue the Certificate in particular if: (a) the elements to be certified are being challenged; or (b) the Certificate would not be in conformity with a court decision covering the same elements. 2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a certificate under national law providing evidence of the parenthood of the applicant.Article 51 deleted Issuance of the Certificate

Amendment 490 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 51 – paragraph 1

Amendment 491 #

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1

The issuing authority of the Member State in which parenthood was established shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.

Amendment 492 #

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1

The issuing authority shall issue the Certificate without delay and at least within two weeks after receiving the application in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.

Amendment 493 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1

The issuing authority shall issue the Certificate with~~out delay~~in a reasonable timeframe in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.

Amendment 494 #

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2 – point b a (new)

(ba) if parenthood was established in another Member State.

Amendment 495 #

Proposal for a regulation
Article 51 – paragraph 2

2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a birth certificate nor a certificate under national law providing evidence of the parenthood of the applicant.

Amendment 496 #

Proposal for a regulation
Article 52

The Certificate shall contain the following information, as applicable: (a) the name, address and contact details of the Member State’s issuing authority; (b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (c) the reference number of the file; (d) the date and place of issue; (e) the place and Member State where the parenthood of the child is registered; (f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (g) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (i) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate; (j) the law applicable to the establishment of parenthood and the elements on the basis of which that law has been determined; (k) a statement informing Union citizens and their family members that the Certificate does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means; (l) signature and/or stamp of the issuing authority.Article 52 deleted Contents of the Certificate

Amendment 497 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 52 – paragraph 1

Amendment 498 #

Proposal for a regulation
Article 52 – paragraph 1 – point a

(a) the name, address and contact details of the Member State’'s issuing authority; and the contact details of the court which established parenthood or the competent authority which issued the authentic instrument establishing parenthood with binding legal effect;

Amendment 499 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 52 – paragraph 1 – point b

(b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State;deleted

Amendment 500 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 52 – paragraph 1 – point b

(b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood ~~with binding legal effect~~, or of the competent authority that issued an authentic instrument ~~with no binding legal effect~~recording parenthood in the Member State of origin ~~but with evidentiary effects in that Member State~~;

Amendment 501 #

Proposal for a regulation
Article 52 – paragraph 1 – point e

(e) the place ~~and Member State~~ where the parenthood of the child is registered;

Amendment 502 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 52 – paragraph 1 – point f

(f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number ~~(if applicable)~~, address;

Amendment 503 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 52 – paragraph 1 – point h

(h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number ~~(if applicable)~~, address;

Amendment 504 #

Proposal for a regulation
Article 53

1. The Certificate shall produce its effects in all Member States without any special procedure being required. 2. The Certificate shall be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate. 3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).Article 53 deleted Effects of the Certificate

Amendment 505 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

~~1. The Certificate shall produce its effects in all Member States without any special procedure being required.~~deleted

Amendment 506 #

Proposal for a regulation
Article 53 – paragraph 1

1. TWithout prejudice to Article 53a, the Certificate shall produce its effects in all Member States without any special procedure being required.

Amendment 507 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 53 – paragraph 1

1. The Certificate shall produce its effects in all Member States ~~without any special procedure being required~~, on condition that it does not conflict with the provisions of national law.

Amendment 508 #

Proposal for a regulation
Article 53 – paragraph 2

2. The ~~Certificate shall be presumed to demonstrate accurately~~courts or competent authorities of the Member State to which the Certificate is submitted shall check ex officio that the Certificate reproduces the elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal under Article 53a. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate.

Amendment 509 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 53 – paragraph 3

~~3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).~~deleted

Amendment 510 #

Proposal for a regulation
Article 53 – paragraph 3

3. The Certificate, once the ex officio check has been completed, shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).

Amendment 511 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 53 – paragraph 3

3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State~~, without prejudice to point (i) of Article 3(2)~~.

Amendment 512 #

Proposal for a regulation
Article 53 a (new)

Article 53a Refusal of the Certificate 1. The effects of the Certificate may be refused if recognition of parenthood is manifestly contrary to the public policy of the Member State to which it is presented. 2. The previous paragraph shall be applied by the courts and other competent authorities of the Member State in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.

Amendment 513 #

Proposal for a regulation
Article 54

1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative. 2. The issuing authority shall, for the purposes of Articles 55(3) and 57(2), keep a list of persons to whom certified copies have been issued pursuant to paragraph 1.Article 54 deleted Certified copies of the Certificate

Amendment 514 #

Proposal for a regulation
Article 54 – paragraph 1

~~1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative.~~deleted

Amendment 515 #

Proposal for a regulation
Article 55

Rectification, modification or withdrawal 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error. 2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. 3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.Article 55 deleted of the Certificate

Amendment 516 #

Proposal for a regulation
Article 55

Amendment 517 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 55 – paragraph 1

1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, immediately rectify the Certificate in the event of a clerical error.

Amendment 518 #

Proposal for a regulation
Article 55 – paragraph 2

2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.

Amendment 519 #

Proposal for a regulation
Article 55 – paragraph 2

2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, immediately modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate.

Amendment 520 #

Proposal for a regulation
Article 55 – paragraph 2

2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or ~~withdraw~~annul the Certificate where it has been established that the Certificate or individual elements thereof are not accurate.

Amendment 521 #

Proposal for a regulation
Article 55 – paragraph 3

3. The issuing authority shall inform without delay and at least within two weeks all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.

Amendment 522 #

Proposal for a regulation
Article 55 – paragraph 3

3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or ~~withdrawal~~annulment thereof.

Amendment 523 #

Proposal for a regulation
Article 56

1. Decisions taken by the issuing authority pursuant to Article 51 may be challenged by the applicant for a Certificate or a legal representative. Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State. 2. If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority. If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.Article 56 deleted Redress procedures

Amendment 524 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 56 – paragraph 1

Amendment 525 #

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2

Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.

Amendment 526 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall immediately rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.

Amendment 527 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall rectify, modify or ~~withdraw~~annul the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.

Amendment 528 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2

If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall without delay and within two weeks after its decision issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.

Amendment 529 #

Proposal for a regulation
Article 57

Suspension of the effects of the Certificate 1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge. 2. The issuing authority or, as the case may be, the court shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any suspension of the effects of the Certificate. During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.Article 57 deleted

Amendment 530 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 57 – paragraph 1

1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge.deleted

Amendment 531 #

Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)

(ba) the Member State to which the Certificate is submitted in accordance with Article 53a of this Regulation.

Amendment 532 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)

A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.

Amendment 533 #

Proposal for a regulation
Article 58 – paragraph 1 – introductory part

1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] may be used for electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities in connection with ~~the following:~~proceedings covered by this Regulation.

Amendment 534 #

Proposal for a regulation
Article 58 – paragraph 1 – introductory part

1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] may be used for electronic communication between natural persons or their ~~legal~~ representatives and Member State courts or other competent authorities in connection with the following:

Amendment 535 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 58 – paragraph 1 – point a

(a) proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood;deleted

Amendment 536 #

Proposal for a regulation
Article 58 – paragraph 1 – point a

(a) proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood;

Amendment 537 #

Proposal for a regulation
Article 58 – paragraph 1 – point b

~~(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.~~deleted

Amendment 538 #

Proposal for a regulation
Article 58 – paragraph 1 – point b

~~(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.~~deleted

Amendment 539 #

Proposal for a regulation
Article 58 – paragraph 1 – point b

~~(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.~~deleted

Amendment 54 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Draft legislative resolution
Citation 4 a (new)

– having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality (2019/2169(INI)),

Amendment 540 #

Proposal for a regulation
Article 58 – paragraph 1 – point b

(b) the application for, issuance, rectification, modification, withdrawal, refusal, suspension or redress procedures of the European Certificate of Parenthood.

Amendment 541 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 61

Costs of the decentralised IT system, European electronic access point and 1. Each Member State shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory. 2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems. 3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2 under the relevant Union financial programmes. 4. The Commission shall bear all costs related to introducing support for electronic communications through the European electronic access point pursuant to Article 58(1).Article 61 deleted national IT portals

Amendment 542 #

Proposal for a regulation
Article 61 – paragraph 1

1. ~~Each Member State~~The Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory of the Member States.

Amendment 543 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 61 – paragraph 3

3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraph~~s 1 and~~ 2 under the relevant Union financial programmes.

Amendment 544 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Chapter VIII – title

VIII ~~DELEGATED ACTS~~. chapter deleted

Amendment 545 #

Proposal for a regulation
Article 63

63 The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes. The Commission is empowered to adoptArticle 63 delegated ~~acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes.~~

Amendment 546 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 63 – paragraph 1

The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes. The preparation and drawing-up of delegated acts shall be preceded by and take into account consultations with stakeholders, including relevant civil society organisations and academic experts.

Amendment 547 #

Proposal for a regulation
Article 64

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 63 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 63 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it to the Council. 6. A delegated act adopted pursuant to Article 63 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. 7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.Article 64 deleted Exercise of the delegation

Amendment 548 #

Proposal for a regulation
Article 66 – paragraph 1

1. This Regulation shall ~~not affect~~be without prejudice to the provisions of the international conventions to which one or more Member States are party at the time when this Regulation is adopted and which lay down provisions on matters governed by this Regulation.

Amendment 549 #

Proposal for a regulation
Article 66 – paragraph 2

2. However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.deleted

Amendment 55 #

Proposal for a regulation
Citation 1 a (new)

– having regard to Articles 1, 3(2)(c), 5(1) and 5(3) of the Charter of Fundamental Rights of the European Union,

Amendment 550 #

Proposal for a regulation
Article 67 a (new)

Article67a Supportive measures 1. The Commission shall develop guidelines on the application and enforcement of this Regulation which shall be available six months prior to the application date refered to in article 72. 2. Member States shall complement the Commission guidelines where relevant with guidelines for all relevant professionals as well as for children and parents concerned, taking into account the specificities of the national administrative and legal systems. These guidelines shall be available at the latest by the application date referred to in article 72. 3. The Commission and Member States shall regularly review the guidelines referred to in paragraph 1 and 2, and update them whenever relevant. 4. Member States shall provide easily accessible and user-friendly information about the procedures covered by this Regulation, including via a public website. 5. Member States, with the support of the Commission and the European Judicial Training Network, shall organise training for all relevant professionals, in particular judges, lawyers, and public administration officials. 6. organise training for all persons potentially dealing with these matters, including judges, lawyers, and public administration officials. They should be suppored in this by the Commission and the European Judicial Training Network.

Amendment 551 #

Proposal for a regulation
Article 68 – paragraph 1

1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 45, ~~the issuance of a European Certificate of Parenthood pursuant to Article 51,~~ the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.

Amendment 552 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 68 – paragraph 1

Amendment 553 #

Proposal for a regulation
Article 68 – paragraph 1

1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29~~, 37~~ and 4537, the issuance of a European Certificate of Parenthood pursuant to Article 51, the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.

Amendment 554 #

Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1 – point a

(a) a final court decision establishing parenthood in another Member State in legal proceedings instituted prior to [date of application of this Regulation], and

Amendment 555 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1 – point b

(b) an authentic instrument establishing parenthood ~~with binding legal effect~~ in the Member State of origin which was formally drawn up or registered prior to [date of application of this Regulation].

Amendment 556 #

Proposal for a regulation
Article 69 – paragraph 3

3. Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought. Chapter V shall apply to the authentic instruments referred to in this paragraph.deleted

Amendment 557 #

Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1

Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State~~, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought~~.

Amendment 558 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1

Notwithstanding paragraph 1, Member States shall accept an authentic instrument ~~which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State~~recording parenthood in the Member State of origin, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.

Amendment 559 #

Proposal for a regulation
Article 69 – paragraph 3 a (new)

3a. Final court decisions and authentic instruments with binding legal effect issued after the date of the entry into force of this Regulation in the State of the court that established parenthood as a result of proceedings before this Regulation applied shall be recognised in accordance with this Regulation, on the condition that the rules applied to jurisdiction are in line with those in Chapter II of this Regulation;

Amendment 56 #

Proposal for a regulation
Citation 1 b (new)

– having regard to Article 1 of the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery,

Amendment 560 #

Proposal for a regulation
Article 70 – paragraph 1

1. By [53 years from date of application of this Regulation] and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of convergences and divergences between Member States and any practical problems encountered, supported by information supplied by the Member States. For the drafting of the report, the Commission shall also make use of information provided by and regular exchanges with relevant stakeholders, including the persons concerned or their representatives if they so wish, as well as their representative organisations. The report shall be accompanied, where necessary, by a legislative proposal.

Amendment 561 #

Proposal for a regulation
Article 70 – paragraph 2 – introductory part

2. The Member States shall provide the Commission upon request~~, where availabl~~ or upon their own initiative, with all information relevant for the evaluation of the operation and application of this Regulation, in particular on:

Amendment 562 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 70 – paragraph 2 – point -a (new)

(-a) the number of applications for establishing parenthood, the number of certificates that were issued following these applications and the number of applications that were rejected accompanied by an overview of the reasons for rejection.

Amendment 563 #

Proposal for a regulation
Article 70 – paragraph 2 – point a

(a) the number of applications for the refusal of recognition of a final court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted;

Amendment 564 #

Proposal for a regulation
Article 70 – paragraph 2 – point a

(a) the number of applications for the refusal of recognition of a court decision or of an authentic instrument establishing parenthood ~~with binding legal effect~~ in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted;

Amendment 565 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 70 – paragraph 2 – point a a (new)

(aa) the number of applications for the recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the recognition was granted;

Amendment 566 #

Proposal for a regulation
Article 70 – paragraph 2 – point c

(c) the number of applications challenging the contents of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, and the number of cases in which the challenge was successful;deleted

Amendment 567 #

Proposal for a regulation
Article 70 – paragraph 2 – point c

(c) the number of applications challenging the contents of an authentic instrument ~~which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State,~~recording parenthood in the Member State of origin and the number of cases in which the challenge was successful;

Amendment 568 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 70 – paragraph 2 – point d

~~(d) the number of European Certificates of Parenthood issued; an~~deleted

Amendment 569 #

Proposal for a regulation
Article 71 – paragraph 1 – point a

(a) the authorities empowered to draw up or register authentic instruments with binding legal effect in matters of parenthood as referred to in Article 4, point (6);

Amendment 57 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 1

(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured, according to Articles 21, 45, 49, 56 and 67 of the Treaty on the Functioning of the European Union (TFEU). For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters.

Amendment 570 #

Proposal for a regulation
Article 71 – paragraph 1 – point b

(b) the courts and authorities competent to issue attestations as referred to in Article 29~~, Article 37~~ and Article 4537, and the courts and authorities competent to rectify attestations as referred to in Article 38;

Amendment 571 #

Jorge BUXADÉ VILLALBA

Proposal for a regulation
Article 71 – paragraph 1 – point c

(c) the courts competent to deal with applications for a decision that there are no grounds for refusal of recognition in accordance with Article 25, and the courts competent to deal with applications for refusal of recognition in accordance with Article 32 and with appeals against final court decisions on such applications for refusal in accordance with Articles 33 and 34, respectively; and

Amendment 572 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 71 – paragraph 1 – point c

(c) the courts competent to deal with applications for a decision that there are no grounds for refusal of recognition in accordance with Article 25, and the courts competent to deal with applications for refusal of recognition in accordance with Article 32 and with appeals against court decisions on such applications for refusal in accordance with Articles 33 and 34, respectively; and

Amendment 573 #

Proposal for a regulation
Article 71 – paragraph 1 – point d

~~(d) the courts and authorities competent to issue the European Certificate of Parenthood pursuant to Article 51, and the courts competent to deal with the redress procedures referred to in Article 56.~~deleted

Amendment 574 #

Proposal for a regulation
Article 71 – paragraph 1 – point d

Amendment 575 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Article 72 – paragraph 2

It shall apply from [the first day of the month following a period of 1860 months from the date of entry into force of this Regulation].

Amendment 58 #

Proposal for a regulation
Recital 1

(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters ~~and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters~~, in accordance with the sovereign competence of the Member States over the regulation of family law.

Amendment 59 #

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. ItAll Member States are bound to act in the best interest of a child, including by safeguarding the fundamental right of every child to family and the prohibition to discriminate a child on the basis of their parents’ marital status or sexual orientation, or the way the child was conceived. This Regulation therefore aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non- discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . It aims to ensure that a child never gets legally separated from a parent due to the cross- border nature of the situation in which they find themselves. This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, whether they are traditional or non-traditional, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 60 #

Proposal for a regulation
Recital 2

(2) This Regulation concerns the recognition in a Member State of the parenthood of a child ~~as established in another Member State. It aims~~of parents established in another Member State, or, as the case may be, as established in another Member State. It aims to ensure that the child’s best interests are respected and to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross- border situations, including their right to an identity31, to non-discrimination32 and to a private and family life33, taking full respect for the principle of the best interests of the child as a primary consideration34. This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 61 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 2

~~(2)~~ This Regulation concerns the ~~(2)~~ recognition in a Member State of the parenthood of a child as established in another Member State. It aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31, to non-discrimination32 and to a private and family life33, taking the best interests of the child as a primary consideration34. This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. ~~To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State.~~ _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.

Amendment 62 #

Proposal for a regulation
Recital 2

Amendment 63 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 5

(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Pursuant to Article 67(1) TFEU, the Union shall respect ‘fundamental rights and the different legal systems and traditions of the Member States’.

Amendment 64 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 5

(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. In accordance with Article 67(1) TFEU the relevant legislation shall respect fundamental rights and the different legal systems of the Member States.

Amendment 65 #

Proposal for a regulation
Recital 5

(5) Under the Treaties, the exclusive competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood.

Amendment 66 #

Proposal for a regulation
Recital 7

(7) In 2010 the Commission published a Green Paper entitled ‘Less bureaucracy for citizens: promoting free movement of public documents and recognition of the effects of civil status records’ by which it launched a broad consultation on matters relating to the free movement of public documents and the recognition of the effects of civil status records. ~~Among others, it considered the possibility of introducing a European civil status certificate that would facilitate the cross- border recognition of civil status in the Union.~~ The consultation aimed to gather contributions from interested parties and the general public with a view to developing Union policy in these areas and the relevant legislative proposals. In 2016, the Union legislator adopted Regulation (EU) 2016/1191 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union42, including documents on birth, parenthood and adoption. _________________ 42 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (OJ L 200, 26.7.2016, p. 1).

Amendment 67 #

Proposal for a regulation
Recital 8

(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ. , and, although the Regulation does not directly affect substantive national law, it nevertheless has a considerable bearing thereon. In order to uphold the different legal and constitutional traditions of the Member States and the public policy limits thereof, states which, upon entry into force of this Regulation, already have legislation in place to ensure full respect for children’s rights and the recognition of parenthood status in specific cases of children born abroad, by virtue of instruments other than the recognition of court decisions and authentic instruments with binding legal effect originating in other Member States, must remain free to disregard the rules on recognition. To that end, the competent authority of the Member State should submit, within six months of entry into force of this Regulation, a communication to the Commission setting out how its national legislation ensures that the principles of non-discrimination and the protection of the best interests of the child are upheld.

Amendment 68 #

Proposal for a regulation
Recital 8

(8) ~~While~~It is recalled that the Union has no competence to adopt measures on family law ~~with cross- border implications such as rules on international jurisdiction, applicable law~~, and the re~~cognition of parenthood between Member States, to dat~~fore the Union ~~has~~should not adopted provisions in ~~those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ~~areas relating to parenthood.

Amendment 69 #

Proposal for a regulation
Recital 8

Amendment 70 #

Proposal for a regulation
Recital 8

Amendment 71 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 9

(9) At Union level, a number of Union instruments deal with certain rights of children in cross-border situations, in particular Council Regulation (EC) No 4/200943, Regulation (EU) No 650/2012 of the European Parliament and of the Council44 and Council Regulation (EU) 2019/111145. ~~However, these Regulations do not include provisions on the establishment or the recognition of parenthood.~~ For its part, Regulation (EU) 2016/1191 of the European Parliament and of the Council46 includes public documents on birth, parenthood and adoption in its scope~~, but this Regulation deals with the authenticity and the language of such documents and not with the recognition of their contents or effects in another Member State~~. _________________ 43 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 44 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 45 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1). 46 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (OJ L 200, 26.7.2016, p. 1).

Amendment 72 #

Proposal for a regulation
Recital 10

Amendment 73 #

Proposal for a regulation
Recital 10

Amendment 74 #

Proposal for a regulation
Recital 10

Amendment 75 #

Proposal for a regulation
Recital 10

Amendment 76 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 11

(11) Children derive a number of rights from parenthood, including the right to an identity, a name, nationality (where governed by ius sanguinis), custody and access rights by their parents, maintenance rights, succession rights and the right to be legally represented by their parents. The non-recognition in a Member State of the parenthood established in another Member State can have ~~serious~~ adverse consequences on ~~children’s fundamental rights and on~~ the rights that ~~they~~children derive from national law. This may ~~prompt families to start litigation~~be resolved through administrative or judicial proceedings to have the parenthood of ~~their~~a child recognised in another Member State~~, although t~~. Those proceedings have uncertain results and involve significant time and costs for both families and the Member States’ judicial systems. Ultimately, families may be deterred from exercising their right to free movement for fear that the parenthood of their child will not be recognised in another Member State for the purposes of rights derived from national lawensure the necessary balance between the child’s interests and rights, and respect for the host Member State’s judicial system.

Amendment 77 #

Proposal for a regulation
Recital 12

(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings. _________________ 47 State of the Union Address by President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).deleted

Amendment 78 #

Proposal for a regulation
Recital 12

(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51. _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).deleted

Amendment 79 #

Proposal for a regulation
Recital 12

(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. In particular children in rainbow families and other types of non- traditional families face difficulties and discrimination in cross-border situations due to the legal gaps in the recognition of parenthood. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 . _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).

Amendment 80 #

Proposal for a regulation
Recital 13

(13) This Regulation should not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. For instance, Member States must already today recognise a parent-child relationship for the purposes of permitting children to exercise, with e~~ach of their two~~very parents, the right to move and reside freely within the territory of the Member States without impediment, and to exercise all the rights that the child derives from Union law. This Regulation does not provide for any additional conditions or requirements for the exercise of such rights.

Amendment 81 #

Proposal for a regulation
Recital 14

(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52. Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C- 215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.deleted

Amendment 82 #

Proposal for a regulation
Recital 14

(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52. Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood~~, or the European Certificate of Parenthood created by this Regulation,~~ where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation ~~or the European Certificate of Parenthood provided for in this Regulation~~. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations ~~and of the European Certificate of Parenthood~~ annexed to this Regulation should include a statement specifying that the relevant attestation ~~or the European Certificate of Parenthood~~ does not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.

Amendment 83 #

Proposal for a regulation
Recital 14

(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. This prohibition is therefore to be strictly respected by Member States in the application of this Regulation. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.

Amendment 84 #

Proposal for a regulation
Recital 14 a (new)

(14a) Member States should organise training for all persons potentially dealing with these matters, including judges, lawyers, and public administration officials. They should be supported in this by the Commission and the European Judicial Training Network.

Amendment 85 #

Proposal for a regulation
Recital 15

(15) This Regulation should not affect Regulation (EU) 2016/1191 of the European Parliament and of the Council53 in respect of public documents on birth, parenthood and adoption, in particular as regards the presentation by citizens of certified copies and the use by Member State authorities of the Internal Market Information System (‘IMI’) if they have a reasonable doubt as to the authenticity of a public document on birth, parenthood or adoption or their certified copy presented to them. _________________ 53 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (OJ L 200, 26.7.2016, p. 1).deleted

Amendment 86 #

Proposal for a regulation
Recital 16

(16) Article 2 of the United Nations Convention on the Rights of the Child of 20 November 1989 (‘UN Convention on the Rights of the Child’) requires States Parties to respect and ensure the rights of children without discrimination of any kind, and to take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the circumstances of the child’s parents. Under Article 3 of the said Convention, in all actions by, amongst others, courts and administrative authorities, the best interests of the child must be a primary consideration, and the child’s rights must be respected in all situations and circumstances.

Amendment 87 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 17

(17) Any reference to the ‘best interests of the child’ in this Regulation should apply to children within the meaning of Article 1 of the United Nations Convention on the Rights of the Child of 20 November 1989 (‘UN Convention on the Rights of the Child’), that is, children below the age of 18 years unless under the national law applicable to the child, majority is attained earlier. Any reference to the ‘best interests of the child’ in this Regulation should also be interpreted in the light of Article 24 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and of Articles 3 and 12 of the UN Convention on the Rights of the Child as implemented by national law. Any reference to the ‘child’s interests’ in this Regulation should be understood as referring to the best interests of the child and to the interests of children whichever their age.

Amendment 88 #

Proposal for a regulation
Recital 18

(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The Grand Chamber of the European Court of Human Rights has ~~interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal~~recognised, in the only case on which it had to rule, Paradiso and Campanelli v Italy (ECHR, 24 January 2017, n° 25358/12), the right of a Member State to not recognise a parenthood established abroad to the orderer of a surrogacy contract. Member States are not required to register the details of the birth certificate of a child born via surrogacy abroad in order to establish the parent- child legal relationship ~~established abroad between a child bor~~with the orderer mother. The jurisprudence of the European Court of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54 . _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)Human Rights, without prejudice to the need for States to identify ways to ensure the protection of the child interest in the legal recognition of the link with those who de facto exercise parental responsibility, has recognised to the States a margin of discretion in identifying the ways in which to formalise the relationship with the orderer of a surrogacy contract. This orientation does not prevent the solution of the non-registration of the foreign document that recognises the parenthood to both the members of the couple that resorted to surrogacy abroad. With regard to the solution of adoption, the European Court of Human Rights has underlined that it can be considered sufficient to guarantee the protection of the rights of minors to the extent that it is capable of constituting a link of real "filiation" between adopter and adopted, and on condition that the modalities provided for by domestic law guarantee the effectiveness and speediness of its implementation, in accordance with the best interest of the child.

Amendment 89 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 18

(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. ~~The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recogn~~Member States are not required to register the information in the birth certificate of a child born out of surrogacy abroad in order to establiseh the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)with the future mother. Without precluding the need for States to identify ways of protecting the child’s interests in the legal recognition of the link with those who de facto exercise parental authority, the case-law of the European Court of Human Rights has granted a margin of appreciation to States in the identification of ways to formalise the intended parental relationship. That approach does not prevent the solution of not registering a foreign document which acknowledges the paternity of both partners who have resorted to surrogacy abroad. The European Court of Human Rights has underlined that the adoption solution may be regarded as sufficient to protect the rights of minors where it is capable of establishing a real ‘parent- child’ relationship between adopter and adoptee, and provided that the procedures laid down by national law guarantee efficient and expeditious implementation, in accordance with the best interests of the child.

Amendment 90 #

Proposal for a regulation
Recital 18

Amendment 91 #

Proposal for a regulation
Recital 18

Amendment 92 #

Proposal for a regulation
Recital 18 a (new)

(18a) However, in its resolution of 21 January 2021 on the EU Strategy for Gender Equality, Parliament acknowledged that sexual exploitation for surrogacy is unacceptable and a violation of human dignity and human rights.

Amendment 93 #

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), respect for human dignity, equality and non- discrimination are amongst the values on which the Union is founded and which are common to the Member States. Articles 1, 3(2)(c), 5(1) and 5(3) of the Charter provide that human dignity is inviolable, that the human body and its parts as such must not be made a source of financial gain, that no one shall be held in slavery or servitude, and that trafficking in human beings is prohibited; Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life.

Amendment 94 #

Jorge BUXADÉ VILLALBA, Bert-Jan RUISSEN, Angel DZHAMBAZKI, Vincenzo SOFO, Raffaele STANCANELLI

Proposal for a regulation
Recital 20

(20) Pursuant to Article 2 of the Treaty on European Union (‘TEU’), equality and non-discrimination are amongst the values on which the Union is founded and which are common to the Member States. Article 21 of the Charter prohibits discrimination on grounds of, amongst others, birth. Article 3 TEU and Article 24 of the Charter provide for the protection of the rights of the child, and Article 7 of the Charter provides for everyone’s right to respect for their private and family life. Article 3 of the Charter, however, affirms the right to the integrity of the person and prohibits making the human body and its parts as such a source of financial gain.

Amendment 95 #

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.

Amendment 96 #

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State, without prejudice to the public policy restrictions of the Member States.

Amendment 97 #

Javier ZARZALEJOS, François-Xavier BELLAMY, Isabel BENJUMEA BENJUMEA, György HÖLVÉNYI, Michaela ŠOJDROVÁ, Karlo RESSLER, Ivan ŠTEFANEC, Loránt VINCZE, Miriam LEXMANN, Jan OLBRYCHT

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born ~~and irrespective of the child’s type of family, and~~, including by domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.

Amendment 98 #

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State ~~irrespective of how the child was conceived or born and irrespective of the child’s type of family, and~~, including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.

Amendment 99 #

Proposal for a regulation
Recital 21

(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents, a transgender parent or a single parent . This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.

source: 751.834

2023/07/25 LIBE 358 amendments...

Amendment 100 #

Proposal for a regulation
Recital 34

(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the ~~person giving birth~~mother, and parenthood by legal presumption as regards the spouse or the registered partner of the ~~person giving birth~~mother. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).

Amendment 101 #

Proposal for a regulation
Recital 34

(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial ~~deed~~act (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).

Amendment 102 #

Proposal for a regulation
Recital 36

(36) In order to facilitate the recognition of court decisions ~~and authentic instruments~~ on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross-border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject.

Amendment 103 #

Proposal for a regulation
Recital 38

(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.deleted

Amendment 104 #

Proposal for a regulation
Recital 38

(38) This Regulation ~~should~~must respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.

Amendment 105 #

Proposal for a regulation
Recital 39

(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, ~~where possible~~ jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birth.

Amendment 106 #

Proposal for a regulation
Recital 39

(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of private international law, jurisdiction should be determined, in each Member State, in compliance with the laws of that Member State.

Amendment 107 #

Proposal for a regulation
Recital 40

Amendment 108 #

Proposal for a regulation
Recital 40

(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the habitual place of residence of the child’s parents, the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.

Amendment 109 #

Proposal for a regulation
Recital 41

Amendment 110 #

Proposal for a regulation
Recital 42

(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third- country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced because of disturbances occurring in their State of habitual residence.deleted

Amendment 111 #

Proposal for a regulation
Recital 43

Amendment 112 #

Proposal for a regulation
Recital 45

(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation ~~and should only produce effects in the proceedings for which it was made~~.

Amendment 113 #

Malin BJÖRK

Proposal for a regulation
Recital 45 a (new)

(45a) If the establishment of parenthood depends on the determination of an incidental question concerning, for instance, the existence of a registered partnership or marriage, courts and other competent authorities of the Member States should respect the fundamental rights and principles laid down in the Charter, in particular the right to non- discrimination and the right to a private and family life.

Amendment 114 #

Proposal for a regulation
Recital 46

Amendment 115 #

Proposal for a regulation
Recital 49

Amendment 116 #

Proposal for a regulation
Recital 49

(49) ~~Proceedings on the establishment of parenthood~~In accordance with Article 12 of the UN Convention on the Rights of the Child and Article 24(1) of the Charter, all children have the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. In the proceedings under this Regulation ~~should~~, as a basic principle~~, provide children below the age of 18 years~~ and where applicable, a child who ~~are~~is subject to those proceedings and who ~~are~~is capable of forming ~~their~~its own views, ~~in accordance with the case law of the Court of Justice,~~should be provided with a genuine and effective opportunity to express ~~their~~its views and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.

Amendment 117 #

Proposal for a regulation
Recital 50

Amendment 118 #

Proposal for a regulation
Recital 51

(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the woman giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)national law of the child.

Amendment 119 #

Proposal for a regulation
Recital 51

(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the ~~perso~~woman giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the ~~perso~~woman giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the ~~perso~~woman giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the ~~perso~~woman giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the ~~perso~~woman giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother).

Amendment 120 #

Proposal for a regulation
Recital 52

Amendment 121 #

Proposal for a regulation
Recital 52

Amendment 122 #

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

Amendment 123 #

Proposal for a regulation
Recital 53

~~(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.~~deleted

Amendment 124 #

Proposal for a regulation
Recital 54

Amendment 125 #

Proposal for a regulation
Recital 55

Amendment 126 #

Proposal for a regulation
Recital 56

Amendment 127 #

Giuliano PISAPIA, Brando BENIFEI, Pina PICIERNO, Pietro BARTOLO, Paolo DE CASTRO, Camilla LAURETI, Alessandra MORETTI, Franco ROBERTI

Proposal for a regulation
Recital 56

Amendment 128 #

Proposal for a regulation
Recital 56

Amendment 129 #

Proposal for a regulation
Recital 57

(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, but the rules on the conflict of laws laid down by national legal systems must always be observed.

Amendment 130 #

Proposal for a regulation
Recital 58

~~(58) This Regulation should provide for the recognition of court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.~~deleted

Amendment 131 #

Proposal for a regulation
Recital 58

(58) This Regulation should provide for the recognition of court decisions ~~and authentic instruments establishing parenthood with binding legal effect~~ issued in another Member State.

Amendment 132 #

Proposal for a regulation
Recital 59

Amendment 133 #

Proposal for a regulation
Recital 59

Amendment 134 #

Proposal for a regulation
Recital 60

(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.deleted

Amendment 135 #

Proposal for a regulation
Recital 60

(60) Mutual trust in the administration of justice in the Union justifies the principle that court decisions establishing parenthood in a Member State should be recognised in all Member States ~~without the need for any~~unless there are grounds for refusing such recognition ~~procedure~~. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.

Amendment 136 #

Proposal for a regulation
Recital 61

(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any ~~interested party~~party with a legitimate interest recognised under the procedural law of the Member State in which the proceedings were launched who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.

Amendment 137 #

Proposal for a regulation
Recital 62

(62) The recognition in a Member State of court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non-recognition should be ~~kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood~~analysed on a case-by-case basis, in order and to protect effectively children’s rights and the best interests of the child in cross-border situations.

Amendment 138 #

Proposal for a regulation
Recital 63

(63) The recognition of a court decision ~~should~~may be refused ~~only~~, for example, if one or more of the grounds for refusal of recognition provided for in this Regulation are present. The list of grounds for refusal of recognition in this Regulation is exhaustive. It should not be possible to invoke, as grounds for refusal, grounds which are not listed in this Regulation such as, for example, a violation or if a court contests the well- foundedness of the decision pursuant to the general principles of international law, in particular the Universal Declaration of Human Rights ofr the ~~lis pendens rule. A later court decision should always supersede an earlier court decis~~International Convention ton the ~~extent that they are irreconcilable~~Rights of the Child.

Amendment 139 #

Proposal for a regulation
Recital 64

(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in compliance with national laws and procedures, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.

Amendment 140 #

Proposal for a regulation
Recital 65

~~(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to 'court decisions' for the purposes of the rules on recognition of this Regulation.~~deleted

Amendment 141 #

Proposal for a regulation
Recital 65

Amendment 142 #

Proposal for a regulation
Recital 66

(66) Although the obligation to provide children below the age of 18 years with the opportunity to express their views under this Regulation should not apply to authentic instruments with binding legal effect, the right of children to express their views should however be taken into consideration pursuant to Article 24 of the Charter and in the light of Article 12 of the UN Convention on the Rights of the Child as implemented by national law and procedure. The fact that children were not given the opportunity to express their views should not automatically be a ground for refusal of recognition of authentic instruments with binding legal effect.deleted

Amendment 143 #

Proposal for a regulation
Recital 67

(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.deleted

Amendment 144 #

Proposal for a regulation
Recital 68

Amendment 145 #

Proposal for a regulation
Recital 69

Amendment 146 #

Proposal for a regulation
Recital 69

(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin. with due regard to state procedures in a given Member State .

Amendment 147 #

Proposal for a regulation
Recital 70

Amendment 148 #

Proposal for a regulation
Recital 71

Amendment 149 #

Proposal for a regulation
Recital 72

Amendment 150 #

Proposal for a regulation
Recital 73

Amendment 151 #

Proposal for a regulation
Recital 74

Amendment 152 #

Giuliano PISAPIA, Brando BENIFEI, Pina PICIERNO, Pietro BARTOLO, Paolo DE CASTRO, Camilla LAURETI, Alessandra MORETTI, Franco ROBERTI

Proposal for a regulation
Recital 75

Amendment 153 #

Proposal for a regulation
Recital 75

Amendment 154 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, ~~in exceptional circumstances,~~ to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. ~~However, the c~~Courts or other competent authorities ~~should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in ano~~when deciding on the non- compliance of foreign law provisions with national public policy should in particular take into account the issue of their ~~Member State when doing so would be contrary to~~possible non-compliance with the Charter ~~and~~, in particular, Article 21 thereof, which prohibits discrimination (including on grounds of sex), Article. 3. p. c, prohibiting the use of the human body and its individual parts as a source of profit, Article. 5 p. 3 prohibiting trafficking in human beings.

Amendment 155 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise ~~or, as the case may be, accept~~ a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition ~~or acceptance~~ would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise ~~or, as the case may be, accept~~ a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.

Amendment 156 #

Proposal for a regulation
Recital 75

Amendment 157 #

Proposal for a regulation
Recital 75

(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise ~~or, as the case may be, accept~~ a court decision or accept an authentic instrument on the parenthood established in another Member State ~~where~~, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise ~~or, as the case may be, accept~~ a court decision or to accept an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.

Amendment 158 #

Proposal for a regulation
Recital 76

Amendment 159 #

Proposal for a regulation
Recital 76

Amendment 160 #

Proposal for a regulation
Recital 76

Amendment 161 #

Proposal for a regulation
Recital 76

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. It is an important step to reduce bureaucracy and increase access to free movement in the European Union as a means of promoting equality. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not ~~tak~~replace the place of internal documents which may exist for similar purposes in the Member States.

Amendment 162 #

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

Amendment 163 #

Proposal for a regulation
Recital 77

(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted

Amendment 164 #

Proposal for a regulation
Recital 78

Amendment 165 #

Proposal for a regulation
Recital 78

Amendment 166 #

Amendment 167 #

Proposal for a regulation
Recital 79

Amendment 168 #

Proposal for a regulation
Recital 80

Amendment 169 #

Proposal for a regulation
Recital 80

Amendment 170 #

Proposal for a regulation
Recital 81

Amendment 171 #

Proposal for a regulation
Recital 81

Amendment 172 #

Proposal for a regulation
Recital 83

(83) The European electronic access point ~~should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also~~ allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

Amendment 173 #

Proposal for a regulation
Recital 83

(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision ~~or an authentic instrument~~ on parenthood, or proceedings for the refusal of recognition of a court decision ~~or an authentic instrument~~ on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.

Amendment 174 #

Proposal for a regulation
Recital 86

(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).deleted

Amendment 175 #

Proposal for a regulation
Recital 89 a (new)

(89a) In order to improve the clarity of the instrument and the predictability of the outcome of cases and scenarios where it will apply, the Member States, supported by the Commission and the European Judicial Training Network, should organise training for judges and relevant state authorities to ensure the proper implementation of this Regulation.

Amendment 176 #

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of the third indent of Article 3(2) of the Charter, which prohibits making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 5(3) prohibiting trafficking in human beings, Article 5(4) prohibiting trafficking in human beings, and Article 5(5) prohibiting trafficking in human beings, of Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.

Amendment 177 #

Proposal for a regulation
Recital 90

(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3. 2. c of the Charter prohibiting the use of the human body and its individual parts as a source of profit; Article 5.3 prohibiting human trafficking; Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.

Amendment 178 #

Proposal for a regulation
Recital 92

(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, ~~the issuance of a European Certificate of Parenthood,~~ the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.

Amendment 179 #

Proposal for a regulation
Recital 93

(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of court decisions ~~and authentic instruments~~ on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).

Amendment 180 #

Proposal for a regulation
Recital 95

Amendment 181 #

Proposal for a regulation
Recital 99

(99) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States because of the differences between national rules governing jurisdiction, applicable law and the recognition of court decisions and authentic instruments, but can rather, by reason of the direct applicability and binding nature of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. ~~In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,~~ Given the objectives of this Regulation, it is of utmost importance to keep a balance between the exclusive competences of Member States to adopt substantive provisions in family law and the EU competence for cross-border issues (TFEU 81.3). Both the subsidiarity as well as the proportionality principles should be complied with through judicial cooperation on a case-by-case basis.

Amendment 182 #

Proposal for a regulation
Recital 99

Amendment 183 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood, in particular to promote free movement, non-discrimination, the respect for a private and family life, the best interests of the child, as well as the principle of proportionality .

Amendment 184 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition ~~or, as the case may be, acceptance~~ in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State~~; and creates a European Certificate of Parenthood~~.

Amendment 185 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the mutual recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.

Amendment 186 #