Decision 2015/2354 - Authorisation of certain Member States to accept the accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Council Decision (EU) 2015/2354 of 10 December 2015 authorising certain Member States to accept, in the interest of the European Union, the accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2015/2354 |
| Original proposal | COM(2011)909  |
| CELEX number i | 32015D2354 |
| Document | 10-12-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 17-12-2015; OJ L 331 p. 11-13 |
| Effect | 18-12-2015; Entry into force Date pub. +1 See Art 3 |
| Deadline | 11-12-2016; At the latest See Art 1.2 |
| End of validity | 31-12-9999 |
| Notification | 15-12-2015 |
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/11 |
COUNCIL DECISION (EU) 2015/2354
of 10 December 2015
authorising certain Member States to accept, in the interest of the European Union, the accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. |
(4) |
All Member States of the Union are party to the 1980 Hague Convention. |
(5) |
The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law. |
(6) |
A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state. |
(9) |
Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Seychelles deposited its instrument of accession to the 1980 Hague Convention on 27 May 2008. The 1980 Hague Convention entered into force for Seychelles on 1 August 2008. |
(11) |
Several Member States have already accepted the accession of Seychelles to the 1980 Hague Convention. An assessment of the situation in Seychelles has led to the conclusion that those Member States that have not yet accepted the accession of Seychelles, are in a position to accept, in the interest of the Union, the accession of Seychelles under the terms of the 1980 Hague Convention. |
(12) |
The Member States that have not yet accepted the accession of Seychelles should therefore be authorised to deposit their declarations of acceptance of accession of Seychelles in the interest of the Union in accordance with the terms set out in... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.