On Monday 9 January, EU Justice Commissioner Didier Reynders tried to explain to MEPs in the European Parliament’s Committee on Legal Affairs (JURI) why the Commission opted for a regulation requiring unanimity in the EU Council on the proposal on the recognition of parental ties throughout the EU (see EUROPE 13079/19). Several elected representatives are concerned about a potential veto by one or more Member States.
“What will happen if one member state vetoes the whole project? Do you have a plan B?” asked Sergey Lagodinsky (Greens/EFA, German). His colleague René Repasi (S&D, German) also shared this concern.
For Didier Reynders, the argument of the child’s interest should convince the EU27 to support the text. He also insisted that the Commission did not add anything new regarding national legislations establishing a parenthood link, but only an obligation of recognition between Member States.
As for a plan B in case of a veto, an alternative that would only involve a few member countries is not preferable at this stage, according to Mr Reynders. “If you have just the recognition in Member States that have the same ideas and not in the others, you don't have a real solution for the different families in many Member States”.
The Commissioner also responded to another concern raised by MEP Pierre Karleskind (Renew Europe, French): the possibility in the text to refuse recognition of a parental relationship if it is “manifestly contrary to the public policy of the Member State”.
No discrimination can be made on the basis of the parents’ sexual orientation, Didier Reynders insisted. The regulation states that the use of this clause must respect the Charter of Fundamental Rights. The recitals in the text also specify that “public policy” cannot be invoked on the grounds that both parents are of the same sex. (Original version in French by Léa Marchal)