On Wednesday 29 January, MEPs on the European Parliament’s Committee on Legal Affairs held an exchange of views on the proposal for a regulation on the cross-border protection of vulnerable adults and on the proposal for an EU Council decision authorising ratification of the 2000 Hague Convention by the Member States.
“Fair, understandable rules, that everyone can read, that will help these people to protect themselves and enable others to protect them”. Jana Toom (Renew Europe, Estonian), the rapporteur who initiated the discussions, defined the horizon for this text.
The aim of the proposal for a regulation issued by the Commission in May 2023 (see EUROPE 13191/15) is to facilitate the mutual recognition of protection measures and harmonise the rules applicable to data subjects within the European Union.
However, as Ms Toom pointed out, some United Nations experts have voiced criticism (see EUROPE 13235/4), stating in particular that the proposal does not take sufficient account of the autonomous decision-making provided for in the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
For Pia Lindholm, Deputy Head of the Civil Justice Unit in the Directorate-General for Justice and Consumers, speaking on behalf of the European Commission, the aim of the text is “to help those who need it most and who currently face practical and legal barriers within the European Union”.
In her view, the proposal is in line with the CRPD and, in this sense, respects the autonomy of vulnerable people.
The co-rapporteurs argued for an approach in which autonomy would be central.
Axel Voss (EPP, German), who spoke on behalf of the EPP on the report, welcomed “a major step forward in harmonising the rules” and ensuring “mutual recognition of protection measures”.
Krzysztof Śmiszek (S&D, Polish), for his part, spoke of the need for assisted decision-making: “This must be our North Star. And for all the institutions that will be discussing this issue”.
Jana Toom closed the discussions on the consensus that seems to be emerging around the text: “There is nothing controversial about this issue. (...) This could go very well”.
The draft report will be presented in March. (Original version in French by Nithya Paquiry)