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DRAFT 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

JURI-PR-769996

Committee on Legal Affairs · Rapporteur: Jana Toom

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✦ In short · AI summary of this text, generated 25 Sept 2026

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The Committee on Legal Affairs draft report sets out Parliament's first-reading position on the proposed regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation for the protection of adults in cross-border cases. It amends the Commission proposal to add support measures for vulnerable adults, including a one-stop shop, multilingual guidance, remote participation, liaison judges, online platforms and AI-assisted tools. It renames the European Certificate of Representation as the European Certificate of Support and Representation, makes it free of charge and accessible to persons with disabilities, and defines a 'vulnerable adult'. It shortens several deadlines, including the evaluation to 5 years and the application date to 12 months after entry into force, and deletes the transitional provisions, moving them to Article 70. It approves a statement annexed to the resolution and suggests the act be cited as 'the Jana Toom and .....- Regulation on Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults'.

Committee position. The rapporteur supports the proposal's objective of legal certainty for protection measures in cross-border situations and proposes amendments to align it with the UNCRPD, put personal autonomy at the centre, and add support measures to help vulnerable adults navigate the rules.

Key points

  1. The report adopts Parliament's first-reading position on the proposed regulation on the protection of adults in cross-border cases.
  2. It approves a statement annexed to the resolution, to be published in the L series of the Official Journal together with the final act.
  3. It suggests the act be cited as 'the Jana Toom and .....- Regulation on Jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults'.
  4. It calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
  5. It adds new recitals on support measures, including a one-stop shop for information, the right to be heard, multilingual guidance, a network of cross-border liaison judges, online cooperation platforms and responsible use of AI-assisted tools.
  6. It amends the scope to cover adults who require support and safeguards in the exercise of their legal capacity, and adds provisions on support measures, guardianship, placement and specific interventions.
  7. It defines 'vulnerable adult' and replaces 'authority' with 'court', with corresponding changes throughout the text.
  8. It introduces new articles on support measures for jurisdiction rules, applicable law rules and enforcement, including legal support, videoconferencing, multilingual guidance and cross-border liaison officers.
  9. It requires authorities to consider less restrictive alternatives before enforcing a measure restricting legal capacity, and to respect the will and preference of the adult.
  10. It restructures the tasks of Central Authorities and requires consent of the vulnerable adult and the Central Authority before placement in another Member State.
  11. It renames the European Certificate of Representation as the European Certificate of Support and Representation, makes it free of charge and accessible to persons with disabilities, and specifies its content.
  12. It shortens deadlines for implementing acts, evaluation and application, deletes the transitional provisions and moves them to Article 70, and deletes the provision on fees for the Certificate.

Who is affected

  • Vulnerable adults in cross-border situations, who gain support measures, access to information and the right to be heard.
  • Representatives of vulnerable adults, who can use the European Certificate of Support and Representation free of charge.
  • Member States' courts and competent authorities, which must provide support, consider less restrictive alternatives and use secure communication means.
  • Central Authorities, which must carry out cooperation tasks and consent to placements in another Member State.
  • Persons with disabilities, for whom the Certificate application process and formats must be accessible.

Figures and deadlines

  • An adult is a person who has reached the age of 18 years.
  • Implementing acts establishing the system of interconnection shall be adopted by [2 years after the entry into force].
  • Implementing acts establishing the decentralised IT system shall be adopted by [1 year after the entry into force].
  • The Commission shall carry out an evaluation by [5 years after the entry into force].
  • The decision on whether to present a legislative proposal shall be submitted no later than 2 years after the publication of the evaluation report.
  • The regulation shall apply from the first day of the month following a period of 12 months from the date of entry into force.
  • Articles 49 and 50 shall apply from the first day of the month following one year after the date of entry into force of the implementing act referred to in Article 60(2).
  • Articles 45 and 46 shall apply from the first day of the month following one year after the date of entry into force of the implementing act referred to in Article 60(1).

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