Parliament and EU government negotiators reached a provisional agreement on new rules to ensure that adults in need of assistance in matters such as medical care, their place of residence, real estate, trade or the management of property and assets will receive more support and better protection in cross-border cases. The legislation does not apply to cross-border cases related to marriage, succession, social security, or maintenance obligations.
Respecting a person’s choice
The new rules will allow adults to organise their own protection and support in anticipation of a time when they would not be able to look after these issues themselves. The rules will determine which legal frameworks will deal with cross-border matters, while ensuring the person’s choices are respected. Measures taken in one EU country should not require any special procedure to be recognised in another, although EU countries will be able to refuse to recognise a measure taken in another member state if the adult was not given a genuine and effective hearing.
MEPs successfully pushed for adults to be provided with appropriate support and access to relevant information by EU countries, including through a practice guide on the application of the regulation and factsheets with a short summary of national legislation.
European Certificate of Support and Representation
According to the agreed text, adults in need of support will be able to request a European certificate of support and representation for use across the EU.
The certificate will also be able to be used to demonstrate that a designated person is authorised to represent or support the adult. MEPs ensured the certificate will be issued free of charge or for a fee not exceeding the administrative costs of its production, and where possible in a digital format.To ensure privacy, negotiators agreed to delete interconnected registers from the legislation but strengthened electronic communication between authorities and with citizens.
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Rapporteur Yana Toom (Renew, EE) said: “We are making life easier for adults that need protection or support in another country. With the new rules, the Parliament aimed for legal certainty and ensuring the highest respect for human rights, in particular the right to equal recognition before the law.”
Next steps
Once formally approved by the Parliament as a whole and the Council, the regulation will enter into force twenty days after its publication in the Official Journal.
Background
The proposal for this regulation builds on the rules of the International Protection of Adults Convention adopted by the Hague Conference on Private International Law (HCCH 2 000). It aims to bridge existing gaps in governing judicial cooperation in the field of the protection of adults across EU countries.
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