On 9 March, European Ministers for Justice meeting at the Council will resume their work on recasting the Brussels II a regulation on matrimonial decisions, parental responsibility and international child abductions (see EUROPE 11584).
Following a political debate in June 2017 on the question of child hearings and in December on the issue of abolishing the exequatur procedure (see EUROPE 11923), they will be examining the allocation of human and financial resources to the central authorities, appointed by the member states in assisting them with the application of the regulation.
In a document dated 21 February, the Bulgarian Presidency of the Council of the EU explains that a ministerial discussion on the subject is necessary because increasing cross-border mobility and the number of international couples means that it is likely that the number of cross-border cooperation requests will increase in the area of child protection related issues and subsequently lead to an increased workload for the central authorities.
In its proposal, the European Commission proposes to clarify the tasks of the central authorities which are also obliged to help the court and national authorities organise cross-border child placements. In one article, it calls on member states to ensure that the central authorities have adequate financial and human resources to carry out their obligations.
According to the Commission, "In addition to the proposed article on appropriate resources, which would make the existing implicit demand explicit and which is currently fulfilled by certain central authorities but not by all, it would also help enhance mutual trust".
The Presidency would like the ministers to give their views on the relevance of including this new article or exploring other alternatives to guarantee that the central authorities have sufficient resources for the efficient execution of their functions.
According to the Presidency, the exchange of views to come is expected to highlight the importance of ensuring efficient implementation of the regulation and the overriding interests of the child. (Original version in French by Marion Fontana)