Ter info: Hier een vraag/antwoord inzake het (h)erkennen van rechten van vaders en promotie van gelijkheid van gender m.b.t. het ouderschap aan het Europees Parlement.
Mijn vertalingscapaciteiten zijn erg slecht vandaar in het engels.
Dear all,
For your information: See below for the formal point of view of the European Commission on a European family law reform policy.
This information was send to me by Ricardo Simoes, chair of the Portuguese PEF-member Igualdade Parental. Thanks Ricardo,
Regards,
Peter Tromp
Secretary PEF
Platform for European Fathers
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Written question by the EU Parliament to the European Commission and the reply answer by the European Commission:
A. Written question by Portuguese Member of European Parliament (MEP):
Recognition of fathers' rights and promotion of parental equality - E-006702/2011
Parliamentary questions
14 July 2011 E-006702/2011
Question for written answer
to the Commission
Rule 117
João Ferreira (GUE/NGL)
Subject: Recognition of fathers' rights and promotion of parental equality
Various European parental equality associations have called for closer attention to be paid at both national and European levels to the importance of recognising fathers' rights, as well as those of their children, in the event of a divorce. The Platform for European Fsthers was recently created to address the matter. The main concerns of this platform and of the associations involved in it include the problems of parental estrangement, lengthy court proceedings and the issue of shared custody.
Could the Commission provide the following information:
1. What steps does it intend to take to ensure that the abovementioned rights are respected, thereby answering the legitimate concerns of associations working to promote parental equality?
2. What specific measures can be applied in cases where parents are of different nationalities?
3. Is the Commission planning any action to encourage extension of the period allowed as paternity leave?
4. How does the Commission intend to ensure that parental issues are more effectively and thoroughly addressed by social policies?
EN
E-006702/2011
Answer given by Ms Reding
on behalf of the Commission
(17.8.2011)
The Honourable Member must be aware that Regulation (EC) No 2201/2003 (‘the Brussels IIa Regulation’) is the main EU family law instrument relating to children. However, the scope of the Brussels IIa Regulation is limited to common rules on jurisdiction and on recognition and enforcement of existing judgments in another Member State. Its rules on parental responsibility apply to all holders of parental responsibility, independently of whether these matters are linked with matrimonial proceedings. The Brussels IIa Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union and, in particular, by Article 21 thereof. Member States’ courts are under an obligation to apply the Brussels IIa Regulation observing those rights and principles.
Recognition of parental rights, in particular custody rights and the arrangements for exercising them, is governed by national law, not EU law. On the issue of parental rights, the Commission has no powers to propose EU measures which would interfere with substantive family law of the Member States. The Commission cannot comment on the compatibility with fundamental rights of Member States’ laws on matters that do not fall under EU competence. EU equal treatment legislation does not cover recognition of parental rights.
In 2010 the Council adopted the revised Parental Leave Directive , based on a revised agreement between social partners extending each working parent’s existing right to parental leave from three to at least four months. Moreover, in order to encourage more equal take-up of leave by both parents, Member States must ensure that at least one month is strictly non-transferable, i.e. reserved for each parent and therefore lost if not taken.
The Commission is currently carrying out a study on the costs and benefits of introducing paternity leave at EU level. The Commission has, however, no plans to revise this Directive again in the near future.
The Commission is aware of the importance of including parental issues in social policies. It seeks to promote better social policies for people with parental responsibilities through the European Alliance for Families which promotes the exchange of experiences and mutual learning, including on active fatherhood and parenting support.
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1) 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, repealing Regulation (EC) No 1347/2000, OJ L 338, 23.12.2003, p. 1.
2) Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC, OJ L 68, 18.3.2010, p. 13.
3) See
http://ec.europa.eu/employment_social/e ... /index.cfm" onclick="window.open(this.href);return false;
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RR