Changes from report parliamentary committee draft to plenary report

The Proposal for a Regulation aims to set out rules at the European Union level that would provide legal certainty as well as ensure the effect of protection measures for adults and their representatives in cross-border situations, building on the framework established by The Hague Conference on Private International Law (HCCH) Convention of 13 January 2000 on the International Protection of Adults (HCCH 2000 Protection of Adults Convention). The Rapporteur supports the objective of the proposal, especially within the context of a foreseen increase in the number of adults that will require support or safeguard in exercising their legal capacity in another Member State, having regard, in particular, to an ageing population as well as increased intra-EU mobility.

At the same time, the Rapporteur fully endorses the rights set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which the EU and its Member States are parties. The UNCRPD marked a stepchange in the approach to caring for persons with disabilities and enabling them to enjoy their rights on an equal basis with others.

With this report, the Rapporteur aims to incorporate the HCCH 2000 Protection of Adults Convention framework into EU law for the purpose of legal clarity, while at the same time aligning it with the UNCRPD by promoting measures of protection and support that focus on the respecting the full autonomy of the persons concerned. While the proposal does not touch upon substantive matters, which remain under national competences, there should be no doubt that the framework of judicial cooperation set out under this proposal puts personal autonomy at the center of all policies.

The Council should follow the promotion of the same principles after the adoption of the draft Council Decision authorising Member States to ratify the HCCH 2000 Protection of Adults Convention.

The Rapporteur also proposes additional support measures that would help the persons concerned with understanding and navigating the complex matters that fall within the scope of the Proposal.