Decision 2008/431 - 2008/431/EC: Council Decision of 5 June 2008 authorising certain Member States to ratify, or accede to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law - Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children - Main contents
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2008/431/EC: Council Decision of 5 June 2008 authorising certain Member States to ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law - Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/431 |
| Original proposal | COM(2003)348  |
| CELEX number i | 32008D0431 |
| Document | 05-06-2008 |
|---|---|
| Publication in Official Journal | 11-06-2008; OJ L 151, 11.6.2008,Special edition in Croatian: Chapter 19 Volume 008 |
| Effect | 01-01-1001; Entry into force Date notif. 11-06-2008; Application See Art 5 |
| End of validity | 31-12-9999 |
11.6.2008 |
EN |
Official Journal of the European Union |
L 151/36 |
COUNCIL DECISION
of 5 June 2008
authorising certain Member States to ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law
(2008/431/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(1) in conjunction with the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3), thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions. |
(2) |
The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children concluded on 19 October 1996 within the Hague Conference on Private International Law (hereinafter referred to as the Convention) makes a valuable contribution to the protection of children at the international level. It is therefore desirable that its provisions be applied as soon as possible. |
(3) |
Council Decision 2003/93/EC of 19 December 2002 (2) authorised the Member States to sign the Convention in the interest of the Community. Those States which were Member States of the Community at that time signed the Convention on 1 April 2003, with the exception of the Netherlands which had already signed the Convention. Other Member States which were not Member States of the Community on 1 April 2003 have also signed the Convention. |
(4) |
Upon the adoption of Decision 2003/93/EC the Council and the Commission agreed that the Decision would be followed by a Commission proposal for a Council Decision authorising the Member States to ratify, or accede to, the Convention in the interest of the Community at the appropriate time. |
(5) |
Some Member States have already ratified, or acceded to, the Convention. |
(6) |
Certain Articles of the Convention affect secondary Community legislation on jurisdiction and recognition and enforcement of judgments, in particular Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (3). The Member States retain their competence in the areas covered by the Convention which do not affect Community law. The Community and the Member States thus share competence to conclude the Convention. |
(7) |
Pursuant to the Convention, only sovereign States may be party to it. For that reason, the Community may not ratify, or accede to, the Convention. |
(8) |
The Council should therefore authorise the Member States, by way of exception, to ratify, or accede to, the Convention in the interest of the Community, under the conditions set out in this Decision, however not those Member States which have already ratified, or acceded to, the Convention. |
(9) |
In order to safeguard the application of Community rules on recognition and enforcement of judgments within the Community, Article 2 of Decision 2003/93/EC required the Member States to make a declaration when signing the Convention. |
(10) |
The Member States which signed the Convention on 1 April 2003 made the declaration set out in Article 2 of Decision... |
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