Decision 2011/432 - Approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance - Main contents
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official title
Council Decision of 9 June 2011 on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2011/432 |
| Original proposal | COM(2009)373  |
| CELEX number i | 32011D0432 |
| Document | 09-06-2011 |
|---|---|
| Publication in Official Journal | 22-07-2011; OJ L 192 p. 39-50 |
| Effect | 09-06-2011; Entry into force Date of document See Art 10 |
| End of validity | 31-12-9999 |
22.7.2011 |
EN |
Official Journal of the European Union |
L 192/39 |
COUNCIL DECISION
of 9 June 2011
on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
(2011/432/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 81(3), in conjunction with point (b) of the second subparagraph of Article 218(6) and the first sentence of the second subparagraph of Article 218(8) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The Union is working towards the establishment of a common judicial area based on the principle of mutual recognition of decisions. |
(2) |
The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (‘the Convention’) constitutes a good basis for a worldwide system of administrative cooperation and for recognition and enforcement of maintenance decisions and maintenance arrangements, providing for free legal assistance in virtually all child support cases and for a streamlined procedure for recognition and enforcement. |
(3) |
Article 59 of the Convention allows Regional Economic Integration Organisations such as the Union to sign, accept, approve or accede to the Convention. |
(4) |
Matters governed by the Convention are also dealt with in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (2). As agreed when Council Decision 2011/220/EU (3) on the signing of the Convention was adopted, the Union should approve the Convention alone and exercise its competence over all the matters governed by it. Consequently, the Member States should be bound by the Convention by virtue of its approval by the Union. |
(5) |
When approving the Convention, the Union should therefore make the declaration of competence pursuant to Article 59(3) of the Convention. |
(6) |
Moreover, the Union should, when approving the Convention, make all the appropriate reservations and declarations allowed under Articles 62 and 63 respectively of the Convention that it deems necessary. |
(7) |
In this respect, the Union should declare, pursuant to Article 2(3) of the Convention, that it will extend the application of Chapters II and III of the Convention to spousal support. It should at the same time make a unilateral declaration in which it undertakes to examine, at a later stage, the possibility of further extending the scope of application. |
(8) |
The Union should make the reservation provided for in Article 44(3) of the Convention concerning the languages accepted in communications between Central Authorities. Member States that wish the Union to make that reservation with regard to them should notify the Commission thereof in advance, indicating the content of the reservation to be made. |
(9) |
The Union should make the declarations provided for in point (g) of Article 11(1) and Article 44(1) and (2) of the Convention. Member States that wish the Union to make such declarations with regard to them should notify the Commission thereof in advance, indicating the content of the declarations to be made. |
(10) |
A Member State that subsequently needs to withdraw the reservation regarding it set out in Annex II or to modify or withdraw the declaration regarding it set out in Annex III or to add a declaration regarding it in Annex III should inform the Council and the Commission... |
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