On the evening of Tuesday 12 May, EU co-legislators reached a provisional political agreement on the protection of vulnerable adults and equal access to justice for adults in need of support and guarantees in decision-making in cross-border situations.
This was the second trilogue on this draft regulation proposed in May 2023 by the European Commission (see EUROPE 13191/15, 13823/1).
These rights relate in particular to the sale of property, medical care and moving to another country, but do not concern cross-border matters relating to marriage, inheritance, social security or maintenance obligations.
The new law will protect the rights of adults who are no longer able to make decisions without assistance - for example, people with age-related illnesses, such as Alzheimer’s, accompanied by a family member or other representative.
In addition, the regulation must define which court has jurisdiction in the event of a cross-border dispute, which law applies and the conditions under which a protection order or power of representation issued abroad can be recognised and enforced.
“Vulnerable people deserve dignity and autonomy, wherever they move within the EU. Tonight’s agreement establishes a simple principle: adults in need of protection must enjoy legal certainty and their choices must be recognised and respected wherever they are in our Union”, welcomed Costas Fytiris, Minister of Justice and Public Order of the Republic of Cyprus.
The legislation, which is based on the rules of the International Convention on the Protection of Adults, adopted by the Hague Conference on Private International Law, aims to fill existing gaps in the governance of judicial cooperation in the field of adult protection in European countries, explains the European Parliament. It covers civil matters such as place of residence, medical care, property management and other assets.
The provisionally approved regulation thus creates a new European certificate of support and representation that can be used throughout the EU. The certificate may also be used to prove that a designated person is authorised to represent or support the adult.
The certificate will be issued free of charge or for a fee not exceeding the administrative costs of its production and, as far as possible, in digital format.
To ensure the protection of privacy, the negotiators have agreed to remove interconnected registers from the law, but to strengthen electronic communication between the authorities and with citizens, says the European Parliament. The EU Council had abolished this register, finding it too administratively cumbersome.
Measures taken in one EU Member State will therefore be automatically recognised in another, although European countries will be able to refuse if the adult has not been given a real and effective hearing.
The term “placement of an adult” also refers to court decisions addressing where an adult should live. It also includes situations where an adult unable to express their wishes needs to be admitted to a care facility in another member state than their own.
The regulation stipulates that authorities must consider the interest of the adult and respect their will and preferences when it comes to their placement in another EU member state than their normal place of residence.
Member States will also be able to oppose the placement of an adult on their territory. (Original version in French by Solenn Paulic)