|Author (Corporate)||European Commission: DG Justice|
|Series Details||COM (2023) 280|
Legislative initiative tabled by the European Commission on 31 May 2023, seeking to ensure that the protection of adults is maintained in cross-border cases and that their right to individual autonomy is respected when they move within the European Union (EU).
The number of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests has continuously grown in the EU. Depending on the national legislation of the Member States where they live, they can be under a protection measure taken by a court or an administrative authority, or supported by a third party they have appointed in advance to manage their interests.
This growing number of adults who require support with decision-making combined with the increasing mobility of people in the EU gives rise to many issues faced by adults in cross-border situations, whereby they are confronted with the complex and sometimes conflicting private international law rules of Member States. Those rules determine which court or other authority competent to take protection measures has jurisdiction, which law applies to their case, and how to recognise or give effect to a decision taken or powers of representation established abroad.
Under the auspices of The Hague Conference on Private International Law (HCCH), the Convention on the International Protection of Adults was adopted in January 2000 that addresses some of these difficulties. The ratification of the HCCH 2000 Protection of Adults Convention by Member States and beyond is seen essential for its effective operation. This draft law introduces a streamlined set of rules that are to apply within the EU, in particular to establish which court has jurisdiction, which law is applicable, under what conditions a foreign measure or foreign powers of representation should be given effect and how authorities can cooperate. It also proposes a set of practical tools, such as: facilitating digital communication; introducing a European Certificate of Representation; establishing interconnected registers.
The proposed Regulation was adopted by the European Commission on 31 May 2023.
|Subject Categories||Justice and Home Affairs|
|Subject Tags||Disabled People|
|Keywords||Free Movement of People
|International Organisations||European Union [EU]|