EU Commission Initiatives: Inclusion and Digitalization in Cross-Border Proceedings
Commission initiatives address cross-border protection of adults, parenthood recognition issues, and digitalization in court proceedings. Challenges include demographic changes, inconsistent national rules, and lack of common EU rules. Measures aim to enhance legal processes, ensure parental rights recognition, and implement digital solutions for efficient court operations.
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Inclusion in the context of protection of adults, parenthood and the digilatisation of cross-border court proceedings 34th Conference of European Civil-Law Notaries Marie Vautravers General Secretary of the European Judicial Network in civil and commercial matters European Commission, DG JUST A2
Introduction : context and objectives of the Commission s initiatives
Context of the Commission initiatives : 1/ Cross-border protection of adults Approx. 1,4 % of the EU population is under a judicial protection measure (5 millions) No EU average of the number of persons who have granted powers of representation (PoRs) : 5 millions in Germany the same goes for advance directives 150 000 to 780 000 adults are in cross- border situations
Context of the Commissions initiative 1/ Cross-border protection of adults Increased number of people with disabilities or in need of support (demographic changes) 2000 HCCH Convention UNCRPD Increased mobility Inconsistent national rules applying to cross-border cases
Context of the Commission initiatives - 2/ Parenthood No common EU (or international) rules on the recognition of Parenthood Non-recognition of parenthood complaints, petitions, judicial proceedings
Context of the Commission initiatives - 3/ Digitalisation Package on Digitalisation adopted on 13 December 2023 Will apply as of 1 May 2025 (partially) and until 2031 Common rules on : Videoconferencing Mandatory electronic communication between authorities Electronic access point for natural and legal persons Recognition of electronic signatures/seals Validity of electronic documents Electronic payment of (court) fees o o o o o
Proposal for a Council Decision: the HCCH 2000 Protection of Adults Convention
Proposal for a Council Decision Active promotion in the past Proposal for a Council decision Will apply to non-EU Countries Only 12 Member States party to the HCCH 2000 Protection of Adults Convention 2 years to sign + ratify/accede Currently Monaco, Switzerland, and UK (Scotland) remain and become party
Proposal for an EU Regulation on cross-border protection of adults
Private International Law rules | jurisdiction and recognition and enforcement Recognition and enforcement Jurisdiction Measures Authorities (= courts)
Private International Law rules | Applicable law Applicable law rules Measures Powers of representation Taken by authorities (courts) Drawn up by the adult
Private International Law rules | Authentic instruments Circulation of authentic instruments (including PoRs and advance directives) acceptance = evidentiary effects Attestation ( Certificate) Critical to advance the principle of self-determination
Cooperation Authorities (= courts) Competent authorities (incl. Notaries) Central Authorities Who? Location of an adult or a person likely to provide support Designation of a representative abroad Legal aid What? Mandatory electronic communication for competent authorities Direct court to court communication How?
European Certificate of Representation Facilitate representatives dealings with non- judicial parties, e.g., banks Mandatory certificate to be issued by the authority of origin Strong One EU multilingual form Uniform effects in the EU Limited validity : +/- 1 year presumption for representatives and third parties
Interconnection of registers Obligation to set up a regiser of protection measures and confirmed PoRs (if applicable) Obligation to make existing registers of measures, confirmed PoRs and other PoRs interoperable Interconnection through a software developped by the Commission
Proposal on the recognition of parenthood
Private international law rules and cooperation Jurisdiction: six alternative grounds to facilitate access to justice in a MS, based on: - - - - habitual residence of child and of either parent nationality of child and of either parent habitual residence of respondent State of birth Applicable law: - - main rule: habitual residence of person giving birth subsidiary alternative rule where parenthood established only as regards one parent: - nationality of either parent - State of birth Recognition of decisions and certain authentic instruments Acceptance of other authentic instruments Creation of a European Certificate of parenthood
1. Inclusion through electronic means of communication
Inclusion through electronic means of communication Swifter cooperation between authorities (inc.notaries) Direct judicial communication between courts EEAP : optional online access for the public Hearing through videoconference Improved acces to justice in cross-border cases
2. Inclusion through interconnection of registers
Inclusion through interconnection of registers LIMITED SET OF DATA LIMITED ACCESS TO PUBLIC AUTHORITY WITH A LEGITIMATE INTEREST INCREASED LEGAL CERTAINTY INCREASED PROTECTION OF THE PRINCIPLE OF SELF-DETERMINATION
3. Overcome language barriers and differences between legal system : electronic certificates and attestations
the European Certificates : standardised information ECR : reflects the nature and scope of the powers granted in a representative ECP : gender-neutral document to provide evidence of parenthood in another MS optional for citizens but must be issued by MS competent authority on request uniform contents and uniform effects irrespective of MS of issuance uniform form in all EU official languages = reduction of translation costs
Attestations for measures or authentic instruments Not a stand-alone document : accompagnies a specific decision or authentic instrument To be presented to public authorities Procedure & objective different from those of the ECR
Thank you! Marie.vautravers@ec.europa.eu
