WRITTEN QUESTION No. 1421/99 by Roberta ANGELILLI Recognition of Antonio Zotti's parental rights
Date: 1999-09-01
Institutions: ANGELILLI, European Parliament
Subjects: EU law, Italy, Romania, child, custody, illegal restraint, parental authority, ratification of an agreement

29.1.2000

EN

Official Journal of the European Communities

C 27 E/61

(2000/C 27 E/073)

WRITTEN QUESTION E-1421/99

by Roberta Angelilli (NI) to the Commission

(1 September 1999)

Subject: Recognition of Antonio Zotti(cid:146)s parental rights

For a number of years Antonio Zotti, an Italian citizen, has been engaged in a fierce legal battle to secure
recognition of his parental rights over his own daughter Sabrina, who has not yet reached the age of
majority and who is currently living with her Romanian mother Alina Bodea.

Despite the fact that the Italian authorities have awarded custody to the father and although the visas
allowing his daughter to leave the country have expired, the mother has taken the child to Romania and is
refusing to allow Antonio Zotti any contact with her.

In view of the above, could the Commission say:

1. whether or not it thinks that representations should be made to the Romanian authorities in order to

secure recognition of Antonio Zotti(cid:146)s parental rights?

2. which directives regulate such issues at European level?

3. whether it is to express a general view on the matter as a whole?

Answer given by Mr Vitorino on behalf of the Commission

(15 October 1999)

According to the Honourable Member(cid:146)s description of the case, an Italian national has been awarded
custody of his child by the Italian authorities. The mother, a Romanian national, has taken the child to
Romania in breach of the custody order and has even deprived the father of his visiting rights since she
refuses to allow him any contact with his daughter.

There is as yet no Union legislation for resolving such cases where a child has been abducted across
frontiers. Neither the Commission nor any other Union institution would therefore be

1.
international
competent to approach the Romanian authorities concerning this unfortunate case.

On 25 October 1980 a Convention on the Civil Aspects of International Child Abduction was
2.
concluded in The Hague. According to Article 1 of this Convention, its aims are (cid:145)(a) to secure the prompt
return of children wrongfully removed to or retained in any Contracting State; and (b) to ensure that rights
of custody and of access under the law of one Contracting State are effectively respected in the other
Contracting States.(cid:146)

The Hague Conference on Private International Law has supplied information to the effect that the
Convention has been signed and ratified by Italy and that Romania has acceded to the Convention but
Romanian accession has not yet been accepted by Italy. Once this formality has been completed, the case
could be referred to the central authorities whom Italy and Romania have designated under Article 6 (cid:145)to
discharge the duties imposed by the Convention(cid:146).

Particulars of the Italian and Romanian central authorities are being sent direct to the Honourable Member
and to Parliament(cid:146)s Secretariat.

(2000/C 27 E/074)

WRITTEN QUESTION E-1422/99

by Cristiana Muscardini (NI) to the Council

(1 September 1999)

Subject: Bombing of the Chinese Embassy in Belgrade

The (cid:145)mistake(cid:146) which led to the bombing of the Chinese Embassy in Belgrade is a serious event on account
of the diplomatic and strategic implications it may have, but it also highlights once again the role (and the
associated responsibilities) of the EU Member States(cid:146) governments within the Atlantic Council and of the
NATO military bodies which are an offshoot thereof.