Debate: Protection of the rights of the child in civil, administrative and family law proceedings
Date: MONDAY, 4 APRIL 2022
Speaker: Virginijus Sinkevičius
Language: EN

The Commission notes with great satisfaction that the report aims to ensure that the best interests of the child are the primary consideration in judicial proceedings, regardless of whether they are civil, criminal or administrative, and regardless of the reason why a child comes in contact with the justice system. This highlights that the Commission and the Parliament share the same objectives that the rights of the child are protected. The EU has a very strong  But let me come back to our existing family—law instruments to address and ensure a child—friendly justice. I would like to highlight, for example, the Brussels IIb Regulation, which enters into application on 1 August. This regulation covers many of the important elements highlighted in your report, including new obligations for the Member States to provide children who are capable of forming their own views with a genuine and effective opportunity to express their views, either directly or through a representative or an appropriate body. This obligation extends to all proceedings concerning parental responsibility. It will offer better protection for children and will facilitate cross-border procedures for families, which in turn reduces time and costs and increases efficiency. Mediation is also encouraged in the new regulation. As from 1 August this year, courts deciding on parental child abduction will be called upon to invite the parties to consider engaging in mediation or other means of alternative dispute resolution unless it is contrary to the best interests of the child or it’s otherwise not appropriate. Overall, these new rules reinforce the rights of children by ensuring that their perspectives are heard in the legal proceedings concerning them. We therefore welcome that the European Parliament report calls for proper implementation of these rules. The Commission will be intensifying its efforts to ensure that the new regulation is effectively applied by all Member States. To ensure this, we have already started working on the update of the practice guide on the application of the Brussels IIb Regulation. It should be available before the regulation starts to apply. As to the new legislative initiative on parenthood, the proposal will aim to ensure that parenthood established in one Member State is recognised in the other Member States so that the legal links between children and their parents are not compromised when the family moves to another Member State or returns to its Member State of origin. This will further protect the rights of children such as their right to an identity, the right to be raised by and to maintain a relationship with both of their parents, the right to a family life and other rights derived from parenthood, such as the right to maintenance or succession rights. We are grateful for the Parliament’s support for this, including its parliamentary resolution on this matter in September last year. The Parliament’s earlier resolution on the cross-border aspects of adoption will also be taken into account in the preparation of this legislation. As regards the acceptance of accessions to the 1980 Hague Convention on Child Abduction, I would like to recall that in the period of 2015-2021, 20 Council decisions have been adopted concerning no less than 27 third countries, and three Commission proposals are currently still pending at the Council. The assessment of the level of implementation by third countries is a common endeavour of the Commission and Member States. The problems regarding the enforcement of return and decisions and visiting rights in Japan is a matter of great concern for the Commission, which worked closely with the EEAS and the EU delegation in Japan to establish a continuous dialogue with Japan on these matters, notwithstanding the difficulties linked to different social and legal concepts. Finally, besides the measures taken at the EU level, we also note that this report calls on Member States to implement several actions in order to better protect the rights of the child in civil, administrative and family law proceedings. Many of these are in line with the recommendations to Member States outlined in the EU strategy on the rights of the child, such as support to judicial training providers. We have also recommended Member States to develop robust alternatives to judicial action, including alternatives to detention, the use of restorative justice and mediation in the context of civil justice, and to enhance cooperation in cases with cross-border implications to ensure full respect of the rights of the child. As you can see, there is strong and significant EU action in the area of the protection of the rights of the child, with a wide range of legislative and policy instruments. I would like to once again thank the Parliament for this report and its support.