On Thursday 18 January in Strasbourg, MEPs issued a favourable opinion for the Commission's proposal to recast the Brussels II b regulation on decisions relating to matrimonial law, parental responsibility and the international abduction of children (see EUROPE 11584).
By adopting by a very large majority (562 votes for, 16 against, with 43 abstentions), the draft report compiled by Tadeusz Zwiefka (EPP, Poland), MEPs expressed their wish to make sure that children being granted a hearing in this matter is a central factor (see EUROPE 11809).
The rapporteur stated during the debate preceding the vote that, “The child must become a subject of the procedure and not just an object”.
MEPs are proposing that any decision not to give a child a hearing during court proceedings is justified accordingly. They also want minimum common standards to be applied in the EU when it comes to organising these hearings and to ensure that they take place without any pressure being exerted by the interested parties in a “peaceful and amicable atmosphere" and in conditions that take into account the age and maturity of the child and thus guarantee their emotional integrity and well-being.
Parliament would also like that in addition to being placed in a family or reception facility, the judges have the possibility of placing the child with other family members or friends with whom they have established relationships. It is also insisting that brothers and sisters are not separated.
The S&D group once again regretted that the draft recast only recognises traditional marriage and does not take into account new forms of legal cohabitation. Evelyne Gebhardt (S&D, Germany) asked, “Why should children covered by registered partnerships and appearing before the public authority not have the same rights as children from a marriage?” She called on the Commission to work towards putting an end to this “intolerable" situation.
The rapporteur concluded, “Any amendments proposed by Parliament highlight the individual approach of each case and focuses on the overriding interest of the child”. Although in this dossier, the Council is the only legislator, Mr Zwiefka is hoping that Parliament's proposals will be taken into account. He also added that, “We have played our advisory role with the utmost seriousness". (Original version in French by Marion Fontana)