On the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Cabo Verde to… the 1980 Hague Convention on the Civil Aspects of the International Child Abduction

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the Convention’) is a vitally important instrument with the purpose to protect children internationally from the harmful effects of wrongful removal to or retention in other State than that of the habitual residence. The Convention provides for procedures to secure the prompt return of the child/children to the State of their habitual residence and to ensure that rights of custody and of access under the law of one State are effectively respected in the other States. It introduces a system of cooperation between the Contracting States aimed at swift settlement of cases of international child abduction, ensuring that the best interests of the child are always safeguarded. Lack of such established cooperation and procedures between the involved jurisdictions may lead to parallel protracted court proceedings and in consequence create a legal limbo for the child and parents involved in the dispute.

As the EU has exclusive external competence in this field as confirmed by the Court of Justice in Opinion 1/13 of 14 October 2014, and the Convention does not provide for autonomous action by regional economic integration organisations such as the Union, this has rendered necessary a Council Decision calling on Member States to accept, each in respect of their own territory, the accession of Cabo Verde to the Convention, and hence the effective entry into force of the Convention in cases involving the EU and that country.

Cabo Verde acceded to the Convention on 4 October 2022, and the Convention entered into force in Cabo Verde on 1 January 2023.

In this view, the rapporteur considers the accession of Cabo Verde to the Convention as a welcomed and important step towards closing the legal gap. Taking into consideration the proximity and close relation between Cabo Verde and EU Member States and the Commission’s positive assessment of Cebo Verde level of implementation of the Convention, your rapporteur fully supports the proposal for a Council decision authorising the Member States to accept, in the interest of the European Union, the accession of Cabo Verde to the 1980 Hague Convention on the Civil Aspects of the International Child Abduction. The rapporteur also welcomes Cabo Verde recent accession to the 1996 Child Protection and 2007 Child Support Conventions and the involvement of UNICEF in proper implementation of the Hague Children Conventions.

He therefore proposes that Parliament approves the proposal without amendments.

The rapporteur declares under his exclusive responsibility that he did not include in his report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

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