Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-11-19-Speech-1-060-000"
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"en.20121119.18.1-060-000"2
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". −
Mr President, Commissioner, I speak on behalf of the Committee on Legal Affairs, also to Mr Stoyanov. The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is enormously significant in that it enables wrongfully removed children to be returned promptly to their most recent state of habitual residence. The Commission rightly considers that the European Union has exclusive competence in deciding whether the eight countries of Morocco, Russia, Andorra, the Seychelles, Albania, Gabon, Singapore and Armenia may accede to the Convention. The European Court of Justice has also clarified that matters within the EU which clearly fall under Union competence are also covered by the Union’s external competence. In this instance, with the Brussels II Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, the Union is clearly competent. This makes it plain to everybody that, in matters of international child abduction, external competence rests exclusively with the Union.
To that extent, the message of the Committee on Legal Affairs is directed primarily at the Council. The Council must cease its stalling tactics on this important matter forthwith. The European Parliament must be consulted too. As the elected representatives of the people, we are constantly confronted with the problems entailed. Who, if not the European Parliament, looks after the concerns of the public? The Committee on Legal Affairs can see no reason why these countries should not join. The wellbeing of children must always come first. National vanities are totally inappropriate in these cases. Hence the question to the Commission of why the Council is blocking so important a decision. It is imperative that these eight countries should sign up to the Convention.
The importance of their accession is evidenced by numerous tragic cases reported in the media, amongst them a case of alleged child abduction in the country I know best, my native land of Austria. This case does not entail dealings with a non-Member State, but it shows the kind of family tragedy that can occur. Little Oliver Weilharter is currently with his father in Denmark. His mother and grandparents in Austria are beside themselves with worry that Oliver may not be allowed to return to Austria. The points of contention are two judgments from Denmark and Austria which rule differently on the matter of the child’s wrongful removal. The Hague Convention on Child Abduction in not applicable in this instance because the Danish courts do not deem the father’s behaviour to have been abduction. However, the same problem arises over the Brussels II Regulation, which is not binding on Denmark.
Many EU citizens have family ties to the applicant countries of Russia and Morocco. Similar cases could be avoided and fought if these countries accede. The example of Oliver shows that the accession of these eight countries is essential to the wellbeing of children."@en1
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