Legal provisions of COM(2023)64 - Authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation concerning family law matters

Please note

This page contains a limited version of this dossier in the EU Monitor.


Article 1

France is hereby empowered to negotiate an agreement with Algeria on matters related to judicial cooperation in civil matters related to family law, provided that the following negotiating guidelines are followed:

–inform Algeria that the European Commission shall take part in the negotiations as an observer and will be informed of any progress and results achieved during the various stages of the negotiations;

–encourage Algeria to consider accession to the core Conventions concerning family law matters developed by the Hague Conference on Private International Law and start a serious analysis of the reasons which has prevented Algeria to do so for the time being;

–inform Algeria that, after the conclusion of negotiations, an authorisation from the Council of the European Union is required before the Parties are allowed to conclude the agreement;

–inform Algeria that the authorisation from the Council of the European Union to conclude the agreement, following a proposal from the Commission, may provide that the agreement may have a limited validity in time ( for instance, five years) and may have to be reconsidered afterwards;

–insert a provision to the effect that the decisions recognised in France under this agreement cannot subsequently circulate in other EU Member States;

–ensure that the provisions concerning the right to refuse the service of documents are aligned with the provisions of Article 12(3) of the Service of Documents recast Regulation, meaning the addressee may refuse service of documents either at the time of service or within two weeks of the time of service;

–inform Algeria that, depending on the development of negotiations, other negotiating directives may be needed in due course.

                     Article 2

The negotiations shall be conducted in consultation with the Commission,

France shall regularly report to the Commission on the steps undertaken pursuant to this Decision and consult it on a regular basis.

Whenever so requested by the Commission, France shall report to it in writing on the conduct and the outcome of the negotiations.

Article 3

This Decision shall enter into force on the […] day following that of its publication in the Official Journal of the European Union.

Article 4

This Decision is addressed to the French Republic.