On Wednesday 25 October, the Council of the Notariats of the European Union (CNUE) and Greek MEP Stelios Kympouropoulos (EPP) held a conference at the European Parliament. This meeting, focusing on strengthening the protection of vulnerable adults in a cross-border context, follows on from the European Commission’s proposal last May (see EUROPE 13191/15) for a legislative package designed to strengthen the protection of vulnerable adults, particularly in a cross-border context.
This regulation is based on the 2000 Hague Convention, a non-UN international legal text defining vulnerable adults as individuals over the age of 18 whose impaired personal faculties do not enable them to manage their own affairs.
The aim of this convention is to regulate the protection of adults in cross-border situations, such as an adult moving to another EU country or owning property in a Member State other than their country of residence.
During the panel discussion, Marine Uldry, human rights policy coordinator at the European Disability Forum, took a critical look at the new legislation. In her view, it does not differ substantially from the 2000 Hague Convention and does not sufficiently reflect developments in the rights of people with disabilities. “The most important content of the proposal does not meet our demands”, said Ms Uldry, adding that the text tended to focus more on resolving legal disputes and reducing administrative costs. This is a “missed opportunity” to provide more support for vulnerable people, protection for whom is increasing within the EU.
Ms Uldry also highlighted the confusion between the notion of “representation” and that of assisted decision-making, as required by the UN Convention, as already denounced by two UN experts in August (see EUROPE 13235/4).
Marie Vautravers of the European Judicial Network in civil and commercial matters argued that the text departs from the Hague Convention by referring directly to it in only two chapters. The purpose of these chapters is to clarify the law applicable in international jurisdictions and to determine which courts have jurisdiction, thereby avoiding the superimposition of two sets of rules and divergent interpretations.
For Ruth Álvarez Vinagre, adviser to the Ministry of Justice at Spain’s Permanent Representation to the European institutions, the direct reference to the Hague Convention takes account of the disparities between Member States. She pointed out that negotiations between the Member States have just begun and that, although the Hague Convention is only in force in 10 EU Member States, it is likely that an agreement will be reached. “We are improving the Convention, it’s not just a reference”, she added. (Original version in French by Nithya Paquiry)