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REPORT (COMCOM(2023)0280 – C90192/2023 – 2023/0169(COD))

On the proposal for a regulation of the European Parliament and of the Council Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults

A-10-2025-0128

Committee on Legal Affairs · Rapporteur: Jana Toom

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults in cross-border cases. It keeps the HCCH 2000 Protection of Adults Convention rules on jurisdiction and applicable law, attaches the Convention and the UNCRPD to the regulation, and adds support measures such as free legal assistance, multilingual guidance tools and cross-border liaison officers. It creates a European Certificate of Support and Representation, issued free of charge, and provides for recognition of authentic instruments and cooperation between Central Authorities. It deletes the system of interconnection of protection registers and the related register rules, and sets a transition period until 2035 for substitute decision-making measures.

Committee position. The Committee on Legal Affairs adopts Parliament's position at first reading with amendments to the Commission proposal. It supports the proposal's objective, aligns it with the UNCRPD by promoting autonomy and supported decision-making, and adds support measures for adults in cross-border situations.

Key points

  1. The regulation covers civil matters of support and protection of adults in cross-border situations, including adults who require support and safeguards in exercising their legal capacity.
  2. Courts may exercise jurisdiction where the adult chose them while still able to protect their interests, including the Member State of nationality, habitual residence, a close person's residence or where the adult's property is located.
  3. Courts must ensure adults have access to appropriate legal support, including free assistance on determining jurisdiction and accessible videoconferencing or other distance communication when heard.
  4. Competent authorities must provide free accessible support measures, including multilingual guidance tools and dedicated legal information services on applicable law and conflicts of law.
  5. Recognition of a measure may be refused where the adult was not given a genuine and effective opportunity to be heard or where the adult's will and preference were not respected.
  6. Courts and competent authorities must designate cross-border liaison officers to help adults and their representatives with enforcement-related difficulties.
  7. A decision on living and support arrangements, including placement in another Member State, requires the consent of the adult and of a Central Authority of that Member State, which must decide within six weeks.
  8. Living and support arrangements must respect the will and preferences of the adult and the obligations of the Member State under the United Nations Convention on the Rights of Persons with Disabilities.
  9. Member States must appoint cross-border liaison contact persons, establish online cooperation and training platforms, and may consider AI-assisted case management tools that comply with fundamental rights and remain human-led.
  10. A European Certificate of Support and Representation is created, issued free of charge to the adult for use by representatives, and must be available in formats accessible to persons with disabilities.
  11. The system of interconnection of protection registers and the related register rules are deleted, and the Commission's implementing powers on the decentralised IT system are kept.
  12. The regulation ceases to apply to guardianship, curatorship and analogous institutions 15 years after entry into force, and the Commission must evaluate its application.

Who is affected

  • Adults who, by reason of an impairment or insufficiency of their personal faculties, cannot protect their interests in cross-border situations.
  • Representatives of adults, who can use the European Certificate of Support and Representation to demonstrate their powers in another Member State.
  • Courts and competent authorities of Member States, which must provide support measures, designate liaison officers and cooperate across borders.
  • Central Authorities of Member States, which must cooperate, communicate information and handle placement consent requests within six weeks.
  • Member States, which must ensure accessible application processes, free certificates and appoint cross-border liaison contact persons.

Figures and deadlines

  • An adult is a person who has reached the age of 18 years.
  • The UNCRPD entered into force for the Union on 22 January 2011.
  • The regulation continues to apply to existing protective measures of a substitute nature until 2035.
  • The decision granting or refusing consent to placement must be transmitted no later than six weeks following receipt of the request.
  • The regulation ceases to apply to guardianship, curatorship and analogous institutions 15 years after entry into force.
  • The regulation applies from the first day of the month following a period of 12 months from the date of entry into force.
  • Articles 49 and 50 apply from the first day of the month following the period of one year after the date of entry into force of the implementing act.
  • Member States must communicate information by the first day of the month following a period of 15 months after the start of application.

Legal basis: Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union.