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Adopted text

Protection of adults: jurisdiction, applicable law, recognition and enforcement of measures and cooperation

TA-10-2026-0348 · P10_TA(2026)0348 · PE769.996

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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 position on a proposed regulation sets cross-border rules for protecting adults who cannot protect their interests because of an impairment or insufficiency of their personal faculties. It lays down rules on jurisdiction, applicable law, recognition and enforcement of measures, acceptance of authentic instruments, cooperation between authorities and electronic communication, and creates a European Certificate of Support and Representation. Jurisdiction and applicable law follow the 2000 Hague Convention, with an added ground based on the adult's choice of court and rules for incidental questions in succession proceedings. Measures are recognised without special procedure, with an exhaustive list of grounds for refusal, and are enforceable without a declaration of enforceability. The Certificate is optional, issued by a court or competent authority, presumed accurate, valid for one year by default, and can be rectified, modified, withdrawn or suspended.

Key points

  1. The regulation applies in civil matters concerning the cross-border protection of adults aged 18 or over, and to measures taken when the adult was under 18.
  2. It does not apply to maintenance, marriage and similar relationships, property regimes, trusts or succession, social security, general health measures, penal measures, asylum or immigration, or measures directed solely to public safety.
  3. Jurisdiction is determined under Chapter II of the 2000 Hague Convention, subject to added rules on choice of court and incidental questions.
  4. A court chosen by the adult may take measures if the adult was able to make the choice, the chosen Member State has a listed connection, jurisdiction is not contrary to the adult's interests, and courts under the Convention have not exercised jurisdiction.
  5. A court in succession proceedings may determine an incidental question on representation and permit or approve a legal act for the adult, with effects only in those proceedings.
  6. The law applicable to cross-border protection is determined under Chapter III of the 2000 Hague Convention, with rules for states with several legal systems.
  7. Measures taken in one Member State are recognised in others without special procedure; recognition is refused on public policy, incompatibility with a later measure, or non-compliance with the placement or representative-designation procedures, and may be refused if the adult was not heard.
  8. Enforceable measures are enforceable in another Member State without a declaration of enforceability, and are not reviewed as to substance.
  9. Authentic instruments have the same or most comparable evidentiary effects in another Member State, unless manifestly contrary to public policy.
  10. Member States designate Central Authorities to assist with the regulation, cooperate, locate adults or persons likely to provide protection, and handle placement consultations and representative designations within three months.
  11. Courts and authorities must inform each other of serious danger, may exchange information, must not disclose information that could jeopardise health, safety or liberty or endanger property, and may encourage mediation.
  12. The European Certificate of Support and Representation is optional, issued on application by a designated court or authority, presumed accurate, and valid for one year by default, up to a maximum of five years.

Who is affected

  • Adults who cannot protect their interests because of an impairment or insufficiency of their personal faculties, in cross-border situations.
  • Representatives appointed by a court, designated by an adult or authorised by law to represent or support the adult.
  • Courts, competent authorities including notaries, and Central Authorities of Member States handling cross-border protection cases.
  • Denmark and Ireland, which are not bound by the regulation or subject to its application.

Figures and deadlines

  • Adults are persons who have reached the age of 18 years.
  • Opposition to a contemplated placement must be communicated no later than three months following receipt of the consultation request.
  • A decision granting or refusing consent to designate a competent authority as representative must be transmitted no later than three months following receipt of the request.
  • The Certificate is valid for a period of one year.
  • The Certificate may not be valid for longer than the measure or confirmed powers of representation, or a maximum period of five years, whichever is shorter.
  • The Commission's evaluation report is due by 7 years from the date referred to in Article 72(2).
  • Member States provide Certificate statistics by 3 years from the date referred to in Article 72(2), and every year thereafter.
  • The regulation applies from the first day of the month following 30 months from its entry into force.

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