On Wednesday 31 May, the European Commissioner for Justice, Didier Reynders, presented a series of measures designed to ensure better protection of vulnerable adults - who, due to an impairment or insufficiency of their personal faculties, are unable to protect their own interests - in cross-border situations.
Towards greater recognition of protective measures. These proposals would eliminate “administrative obstacles” and ensure mutual recognition of protection measures taken by EU Member States.
Didier Reynders said that although such measures can be taken by national authorities, they are not always easily recognised and applied in other EU countries. In addition, differences in approach between Member States can create complications when it comes to recognising and invoking protection measures taken by a third country.
An obligation to accede to the Hague Convention. To remedy these problems, Mr Reynders presented a legislative package comprising a proposal for a Council Decision and a proposal for a Regulation. The proposed decision will oblige Member States to accede to the Hague Convention of 13 January 2000 on the Protection of Adults, thus providing a uniform legal framework at international level. To date, only 12 Member States have joined.
The proposed regulation goes even “further” by establishing specific rules for the protection of adults between EU Member States. While the proposed regulation includes rules on international jurisdiction similar to those in the Convention, it also introduces the possibility for citizens to choose in advance the court with jurisdiction to take protective measures concerning them.
A European certificate and an interconnected register. In addition, the proposal introduces a European certificate of representation, which will make it easier for adult representatives to demonstrate their power of representation, particularly when dealing with banks or healthcare institutions.
An interconnected register system will also be set up to centralise information on protection measures taken for vulnerable adults, enabling authorities to quickly check whether an adult is being protected and what type of measure is in place.
Didier Reynders concluded his speech by underlining the efforts made by the European Commission since the beginning of its mandate to strengthen the “rapid and efficient functioning of European justice not only at national level, but also at European level”. (Original version in French by Nithya Paquiry)