Didier Reynders – Photo © European Union 2023
(BRUSSELS) – The European Commission proposed Wednesday new rules better protect adults in cross-border cases, and that their right to individual autonomy is respected when they move within the EU.
The proposals cover adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their own interests. This could be in connection with an age-related disease, such as Alzheimer’s disease, or resulting from a health condition.
In the context of a growing cross-border mobility of people in the EU, this gives rise to numerous challenges. For instance, individuals concerned or their representatives may need to manage assets or real estate in another country, seek medical care abroad, or relocate to a different EU-country. In such cross-border situations, they often face complex and sometimes conflicting laws of Member States, leading to legal uncertainty and lengthy proceedings.
The proposed Regulation introduces a streamlined set of rules that will 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, which will make it easier for representatives to prove their powers in another Member State;
- establishing interconnected registers that will provide information on the existence of protection in another Member State;
- and promoting closer cooperation among authorities.
The proposal for a Council Decision provides for a uniform legal framework for protecting adults involving non-EU countries. It obliges all Member States to become or remain parties to the 2000 Protection of Adults Convention.
The proposal now needs to be discussed and adopted by the European Parliament and the Council. It would apply 18 months after its adoption and Member States would then have 4 years to make their communication channels electronic, and 5 years to create a register and interconnect it with registers of other Member States.
Proposals to better guarantee the rights of adults in need of protection or support in cross-border situations - guide
Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults + Annexes
Proposal for a Council decision authorising Member States to become or remain parties, in the interest of the European Union, to the Convention of 13 January 2000 on the International Protection of Adults + Annex
