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Document 52023AP0481
P9_TA(2023)0481 – Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood – European Parliament legislative resolution of 14 December 2023 on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood COM(2022)0695 – C9-0002/2023 – 2022/0402(CNS)) (Special legislative procedure – consultation)
P9_TA(2023)0481 – Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood – European Parliament legislative resolution of 14 December 2023 on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood COM(2022)0695 – C9-0002/2023 – 2022/0402(CNS)) (Special legislative procedure – consultation)
P9_TA(2023)0481 – Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood – European Parliament legislative resolution of 14 December 2023 on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood COM(2022)0695 – C9-0002/2023 – 2022/0402(CNS)) (Special legislative procedure – consultation)
OJ C, C/2024/4201, 2.8.2024, ELI: http://data.europa.eu/eli/C/2024/4201/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/4201 |
2.8.2024 |
P9_TA(2023)0481
Jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and creation of a European Certificate of Parenthood
European Parliament legislative resolution of 14 December 2023 on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood COM(2022)0695 – C9-0002/2023 – 2022/0402(CNS))
(Special legislative procedure – consultation)
(C/2024/4201)
The European Parliament,
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having regard to the Commission proposal to the Council (COM(2022)0695), |
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having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0002/2023), |
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having regard to its resolution of 2 February 2017 with recommendations to the Commission on cross border aspects of adoption (1), |
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having regard to its resolution of 5 April 2022 on protection of the rights of the child in civil, administrative and family law proceedings (2), |
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having regard to the decisions of the Committee on Petitions with regard to a number of petitions submitted by Union citizens relating to the need for a legal framework on cross-border recognition of parenthood between Member States, |
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having regard to Opinion 2/2023 of the European Data Protection Supervisor on the Proposal for a Council Regulation in matters of parenthood, |
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having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate and the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
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having regard to Rule 82 of its Rules of Procedure, |
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having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality, |
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having regard to the report of the Committee on Legal Affairs (A9-0368/2023), |
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Approves the Commission proposal as amended;
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Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;
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Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
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Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;
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Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
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Text proposed by the Commission |
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Amendment 2
Proposal for a regulation
Recital 2
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Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 5
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Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 8
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Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 10
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Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 11 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 13
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Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 14
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Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 14 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 16
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Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 17 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 18
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Text proposed by the Commissiont |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 21
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Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 30
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Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 36
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Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 42
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Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 44 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 49
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Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 56
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Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 66
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Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 75
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Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 76
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Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 81
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Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 83
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Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 89 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Article 1 – paragraph 1
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Text proposed by the Commission |
Amendment |
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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. |
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 27
Proposal for a regulation
Article 4 – paragraph 1 – point 1
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Text proposed by the Commission |
Amendment |
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1. ‘ parenthood’ means the parent-child relationship established in law. It includes the legal status of being the child of a particular parent or parents; |
1. ‘parenthood’ means the child-parent relationship established in law. It includes the legal status of being the child of a particular parent or parents; |
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(This amendment, ‘parent-child’ to ‘child-parent’, applies throughout the text. Adopting it will necessitate corresponding changes throughout.) |
Amendment 28
Proposal for a regulation
Article 4 – paragraph 1 – point 4
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Text proposed by the Commission |
Amendment |
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4. ‘court’ means an authority in a Member State that exercises judicial functions in matters of parenthood; |
4. ‘court’ means any judicial authority and all other authorities of a Member State with jurisdiction in matters of parenthood which exercise judicial functions 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 29
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b (new)
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Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Article 4 – paragraph 1 – point 9 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 5 – paragraph 1
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Text proposed by the Commission |
Amendment |
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This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters. |
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 33
Proposal for a regulation
Article 15 – title
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Text proposed by the Commission |
Amendment |
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Right of children to express their views |
Right of the child to express their views and be heard |
Amendment 34
Proposal for a regulation
Article 15 – paragraph 1
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Text proposed by the Commission |
Amendment |
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1. When exercising their jurisdiction under this Regulation, the courts of the Member States shall, in accordance with national law and procedure, provide children 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, either directly or through a representative or an appropriate body. |
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 below the age of 18 years whose parenthood is to be established and who is capable of forming their own views, with a genuine and effective opportunity to express their views, either directly or through a representative or an appropriate body in proceedings covered by this Regulation . |
Amendment 35
Proposal for a regulation
Article 15 – paragraph 2
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Text proposed by the Commission |
Amendment |
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2. Where the court, in accordance with national law and procedure, gives children 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 of the children in accordance with their age and maturity. |
2. Where the court, in accordance with national law and procedure, gives a child 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 of the child in accordance with their age and maturity. |
Amendment 36
Proposal for a regulation
Article 18 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 37
Proposal for a regulation
Article 22 – paragraph 1
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Text proposed by the Commission |
Amendment |
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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. |
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 , taking into account the best interests of the child . |
Amendment 38
Proposal for a regulation
Article 22 – paragraph 2
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Text proposed by the Commission |
Amendment |
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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. |
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination. |
Amendment 39
Proposal for a regulation
Article 22 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. When an appeal against the application of paragraph 1 is brought by an applicant who is seeking recognition of a parenthood already established in another Member State, the decision of the court establishing the parenthood shall stand until legal remedies at national and Union level have been exhausted and a final ruling has been delivered on the public policy exception. |
Amendment 40
Proposal for a regulation
Article 29 – paragraph 2
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Text proposed by the Commission |
Amendment |
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2. The attestation shall be completed and issued in the language of the court decision. The attestation may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the court issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields . |
2. The attestation shall be completed and issued in the language of the court decision. The attestation shall also be issued in another official language of the institutions of the European Union requested by the party. Member States are to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body . |
Amendment 41
Proposal for a regulation
Article 31 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 42
Proposal for a regulation
Article 31 – paragraph 1 – point c
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Text proposed by the Commission |
Amendment |
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Amendment 43
Proposal for a regulation
Article 31 – paragraph 2
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Text proposed by the Commission |
Amendment |
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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-discrimination. |
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination. |
Amendment 44
Proposal for a regulation
Article 31 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. When an appeal against the application of paragraph 1, point (a), is brought by an applicant, who is seeking recognition of a parenthood already established in another Member State, the decision of the court establishing the parenthood shall stand until legal remedies at national and Union level have been exhausted and a final ruling has been delivered on the public policy exception. |
Amendment 45
Proposal for a regulation
Article 33 – paragraph 1
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Text proposed by the Commission |
Amendment |
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1. Any party may challenge or appeal against a court decision on the application for refusal of recognition. |
1. Any party with an established legitimate interest may challenge or appeal against a court decision on the application for refusal of recognition. |
Amendment 46
Proposal for a regulation
Article 37 – paragraph 3
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Text proposed by the Commission |
Amendment |
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3. The attestation shall be completed in the language of the authentic instrument. It may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the competent authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields . |
3. The attestation shall be completed in the language of the authentic instrument. It shall also be issued in another official language of the institutions of the European Union requested by the party. Member States are to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body . |
Amendment 47
Proposal for a regulation
Article 39 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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Amendment 48
Proposal for a regulation
Article 39 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
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Amendment 49
Proposal for a regulation
Article 39 – paragraph 2
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Text proposed by the Commission |
Amendment |
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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-discrimination. |
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in accordance with the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination. |
Amendment 50
Proposal for a regulation
Article 39 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. When an appeal against the application of paragraph 1, point (a), is brought by an applicant, who is seeking recognition of a parenthood already established in another Member State, the recognition of the authentic instrument and the rights derived from it shall stand until legal remedies at national and Union level have been exhausted and a final ruling has been delivered. |
Amendment 51
Proposal for a regulation
Article 39 – paragraph 3
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Text proposed by the Commission |
Amendment |
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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. |
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may in exceptional circumstances be refused if it was formally drawn up or registered without the child having been given an opportunity to express their views pursuant to Article 15 . |
Amendment 52
Proposal for a regulation
Article 43 – paragraph 2
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Text proposed by the Commission |
Amendment |
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2. An applicant who, in the Member State of origin, has benefited from free proceedings before an administrative authority communicated to the Commission pursuant to Article 71 shall be entitled, in any procedures provided for in Articles 25(1) and 32, to benefit from legal aid in accordance with paragraph 1 of this Article. To that end, that party shall present a statement from the competent authority in the Member State of origin to the effect that he or she fulfils the financial requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses. |
2. An applicant who, in the Member State of origin, has benefited from free proceedings before an administrative authority communicated to the Commission pursuant to Article 71 shall be entitled, in any procedures provided for in Articles 25(1) and 32, to benefit from legal aid in accordance with paragraph 1 of this Article. To that end, that party shall present a statement from the competent authority in the Member State of origin to the effect that he or she fulfils the financial requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses. 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 53
Proposal for a regulation
Article 45 – paragraph 2
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Text proposed by the Commission |
Amendment |
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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. |
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 fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination. |
Amendment 54
Proposal for a regulation
Article 45 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. When an appeal against the application of paragraph 1 is brought by an applicant, who is seeking recognition of a parenthood already established in another Member State, the evidentiary effect of the authentic instrument and the rights derived from it shall stand until legal remedies at national and Union level have been exhausted and a final ruling has been delivered. |
Amendment 55
Proposal for a regulation
Article 49 – paragraph 2
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Text proposed by the Commission |
Amendment |
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2. For the purposes of submitting an application, the applicant may use the form established in Annex IV. |
2. For the purposes of submitting an application, the applicant shall use the form established in Annex IV. |
Amendment 56
Proposal for a regulation
Article 49 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. Where a Member State provides digital access to the information referred to in paragraph 3, the applicant shall be provided with access to a digital version of the form established in Annex IV, which shall be automatically completed by the competent authorities in its entirety or partially, depending on the information available. The applicant or, where applicable, the legal representative of the applicant shall be able to add any missing information to the form before submitting the application. |
Amendment 57
Proposal for a regulation
Article 50 – paragraph 1
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Text proposed by the Commission |
Amendment |
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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 . |
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 information that the authority considers to be missing in order to issue a Certificate . |
Amendment 58
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
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Text proposed by the Commission |
Amendment |
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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 issue the Certificate without delay and not later than two weeks following receipt of a request, 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 59
Proposal for a regulation
Article 51 – paragraph 2
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Text proposed by the Commission |
Amendment |
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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. |
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 60
Proposal for a regulation
Article 51 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. The Certificate shall be available in both paper and electronic versions. |
Amendment 61
Proposal for a regulation
Article 54 – paragraph 1
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Text proposed by the Commission |
Amendment |
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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. |
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 , subject only to the condition that the applicant or, where applicable, the legal representative, submit documents to prove their identity, in accordance with the national law of the Member State issuing the Certificate . |
Amendment 62
Proposal for a regulation
Article 54 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. Electronic copies of the Certificate shall be made available through the European electronic access point established on the European e-Justice Portal pursuant to Article 4 of Regulation (EU) ..../... [the Digitalisation Regulation] and through relevant existing national IT portals. |
Amendment 63
Proposal for a regulation
Article 55 – paragraph 1
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Text proposed by the Commission |
Amendment |
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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. |
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 64
Proposal for a regulation
Article 55 – paragraph 2
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Text proposed by the Commission |
Amendment |
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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. |
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, without any delay modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. |
Amendment 65
Proposal for a regulation
Article 55 – paragraph 3
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Text proposed by the Commission |
Amendment |
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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. |
3. The issuing authority shall inform without delay and at least within two weeks after its decision 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 66
Proposal for a regulation
Article 55 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. Where the Certificate is rectified, modified or withdrawn, the original Certificate and all previous certified copies shall lose their effects. |
Amendment 67
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
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Text proposed by the Commission |
Amendment |
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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 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 without delay . |
Amendment 68
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
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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. |
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 at least within two weeks after its decision . |
Amendment 69
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
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During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued. |
During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued. The certified copies of the Certificate already issued shall have no effects during the suspension of the effect of the Certificate. |
Amendment 70
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
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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: |
1. It shall be possible to use the European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] for electronic communication between applicants or their representatives and Member State courts or other competent authorities in connection with proceedings covered by this Regulation. |
Amendment 71
Proposal for a regulation
Article 58 – paragraph 1 – point a
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Text proposed by the Commission |
Amendment |
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deleted |
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Amendment 72
Proposal for a regulation
Article 58 – paragraph 1 – point b
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Text proposed by the Commission |
Amendment |
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deleted |
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Amendment 73
Proposal for a regulation
Article 58 – paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] shall be used for electronic communication between competent authorities in connection with the following: |
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Amendment 74
Proposal for a regulation
Article 58 – paragraph 2
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Text proposed by the Commission |
Amendment |
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2. Articles 4(3), 5(2) and (3), 6, 9(1) and 3, and 10 of [the Digitalisation Regulation] shall apply to electronic communications pursuant to paragraph 1. |
2. Articles 4(3), 5(2) and (3), 6, 9(1) and 3, and 10 of [the Digitalisation Regulation] shall apply to electronic communications pursuant to paragraphs 1 and 1a of this Article . |
Amendment 75
Proposal for a regulation
Article 58 a (new)
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Text proposed by the Commission |
Amendment |
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Article 58a |
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Use of videoconferencing or other distance communication technology |
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1. It shall be possible to use videoconferencing or other distance communication technology for hearings related to the proceedings covered by this Regulation in accordance with Regulation (EU) ..../... [the Digitalisation Regulation]. |
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2. Pursuant to Article 15, the courts of a Member State may allow on a case-by-case basis the hearing of child who is capable of forming their own views via videoconferencing or other distance communication technology. When deciding whether to hear a child through videoconferencing or other distance communication technology, the competent authority shall be guided primarily by the best interests of the child. |
Amendment 76
Proposal for a regulation
Article 63 – paragraph 1
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Text proposed by the Commission |
Amendment |
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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 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 77
Proposal for a regulation
Article 67 a (new)
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Text proposed by the Commission |
Amendment |
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Article 67a |
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Supportive measures |
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1. The Commission shall develop guidelines on the application and enforcement of this Regulation, which shall be available by ... [six months prior to the application date referred to in article 72]. |
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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 their national administrative and legal systems. These guidelines shall be available at the latest by ... [the application date referred to in article 72]. |
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3. The Commission and Member States shall regularly review the guidelines referred to in paragraphs 1 and 2, and update them whenever relevant. |
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4. Member States shall provide easily accessible and user-friendly information about the procedures covered by this Regulation, including via a public website. |
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5. Member States, with the support of the Commission and the European Judicial Training Network, shall organise trainings for all relevant professionals, in particular judges, lawyers, and public administration officials on the application of this Regulation. |
Amendment 78
Proposal for a regulation
Article 70 – paragraph 1
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Text proposed by the Commission |
Amendment |
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1. By [ 5 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. |
1. By … [ 3 years from date of application of this Regulation] and every 5 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. The report shall be accompanied, where necessary, by a legislative proposal. |
Amendment 79
Proposal for a regulation
Article 70 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
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2. The Member States shall provide the Commission upon request, where available, with information relevant for the evaluation of the operation and application of this Regulation, in particular on: |
2. The Member States shall provide the Commission with information relevant for the evaluation of the operation and application of this Regulation, at least on: |
Amendment 80
Proposal for a regulation
Article 70 – paragraph 2 – point a a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 81
Proposal for a regulation
Article 70 – paragraph 2 – point a b (new)
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Text proposed by the Commission |
Amendment |
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Amendment 82
Proposal for a regulation
Article 70 – paragraph 2 – point c a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 83
Proposal for a regulation
Article 70 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. The Commission shall establish a dialogue with relevant stakeholders to contribute to the preparation of the evaluation report referred to in paragraph 1. |
(1) OJ C 252, 18.7.2018, p. 14.
(2) OJ C 434, 15.11.2022, p. 11.
(31) Article 8 of the UN Convention on the Rights 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.
(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.
(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.
(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.
(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.
(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.
(1a) ECtHR, Judgment 22.11.2022 [Section III], D.B. and Others v. Switzerland - 58252/15 and 58817/15
(1b) ECtHR, 10.4.2019 [GC], Advisory opinion requested by the French Court of Cassation
(24) 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).
(24) 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).
ELI: http://data.europa.eu/eli/C/2024/4201/oj
ISSN 1977-091X (electronic edition)