EN Official Journal of the European Union CE 65/177

(2004/C 65 E/194)

WRITTEN QUESTION E-2564/03

by Mario Borghezio (NI) to the Commission

(4 August 2003)

Subject: The Polish authorities' violation of the general principles of Community law

In August 1999 Karolina Paetz, holding dual Italian and Polish nationality and married to Paolo Pozza, an Italian citizen, decided not to return to Italy, keeping with her her daughters Federica and Annamaria Pozza, aged 2 and 7 respectively, both of whom have Italian nationality.

The Minors' Court in Venice issued two judgments awarding custody to the father Paolo Pozza. The court in Poznan subsequently also issued 19 judgments in favour of the father, establishing that the children should return to Italy and repeatedly stressing the father's right to visit them, which Karolina Paetz has never allowed.

The children's return to Italy is each time thwarted by information, probably leaked by the Polish authorities, telling Ms Paetz the date laid down by the courts and enabling her to avoid complying with the injunction.

Does the Commission not consider that Poland — a signatory to the Hague Convention on the repatriation of minors and the Luxembourg Convention on the recognition and enforcement of decisions issued in other countries — is in this case committing a serious violation of universally accepted legal provisions and thereby a serious infringement of the general principles of Community law and human rights?

Answer given by Mr Vitorino on behalf of the Commission

(17 September 2003)

The Commission is aware of the problem raised by the Honourable Member concerning the difficulties to enforce decisions ordering the return of wrongfully removed or retained children. However, the Commission informs the Honourable Member that neither the Hague Convention of 25 October 1980 on the civil aspects of international child abduction, nor the Luxembourg Convention of 20 May 1980 on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children is part of Community law. The Commission is therefore not competent for their monitoring or implementation.

Children's rights to maintain regular contacts with their parents is enshrined in Article 24 of the Charter of Fundamental Rights of the Union, which in turn has drawn inspiration from the 1989 United Nations Convention on the rights of the child. However, the Charter of Fundamental Rights is not applicable in the present case, as it is limited to the application of Community law.

There is currently no Community legislation on the issue of child abduction. However, the Commission would like to draw the attention of the Honourable Member to the draft Regulation on the jurisdiction, recognition and enforcement of judgements in matters of parental responsibility (1), which will be adopted within the next months. One of the main objectives of the future Regulation is to discourage parental child abduction within the European Community by ensuring that the courts of the Member State of the child's habitual residence before the abduction remain competent to take the final decision on custody. It will also complement and reinforce the application of the 1980 Hague Convention on international child abduction within the Community by imposing strict procedural rules to ensure the speedy return of the child.

(1) OJ C 203 E, 27.8.2002.