Agreement to improve the protection of vulnerable adults

The European Parliament and EU government negotiators have reached a provisional agreement on new rules to ensure that adults requiring assistance in matters such as healthcare, residence, property, commerce or asset management receive greater support and better protection in cross-border cases. The legislation does not apply to cross-border cases relating 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 are unable to deal with these matters themselves. These rules will determine which legal frameworks apply to cross-border matters, whilst ensuring that the person’s decisions are respected. Measures taken in one EU country will not require any special procedure to be recognised in another, although EU countries may refuse to recognise a measure taken in another Member State if the adult did not have the opportunity to be heard in a genuine and effective manner.

MEPs succeeded in ensuring that EU countries provide adults with adequate support and access to relevant information, including through a practical guide on the application of the regulation and factsheets containing a brief summary of national legislation.

European Certificate of Support and Representation

Under the agreed text, adults in need of support will be able to apply for a European Certificate of Support and Representation for use throughout the EU.

The certificate may also be used to demonstrate that a designated person is authorised to represent or support the adult. MEPs ensured that the certificate will be issued free of charge or for a fee not exceeding the administrative costs of its production and, wherever possible, in digital format. To ensure privacy, negotiators agreed to remove interconnected registers from the legislation, but strengthened electronic communication between authorities and with citizens.

Quote

RapporteurYana Toom (Renew, EE)said: “We are making life easier for adults who need protection or support in another country. With the new rules, Parliament sought legal certainty and to ensure the utmost respect for human rights, in particular the right to equality before the law.”

Next steps

Once formally adopted by Parliament as a whole and by the Council, the regulation will enter into force twenty days after its publication in the Official Journal.

Background

This proposal for a regulation is based on the rules ofthe International Convention on the Protection of Adults,adopted by theHague Conference on Private International Law (HCCH 2000). Its aim is to address existing shortcomings in the governance of judicial cooperation in matters relating to the protection of adults in EU countries.

More Further information: European Parliament.