EU lawmakers and member states have agreed new cross-border rules designed to protect adults who need support with decision-making in civil matters such as medical care, where they live and managing property and assets.
Negotiators reached a provisional deal on Tuesday covering cases where a person’s situation involves more than one EU country, the European Parliament disclosed.
The rules do not apply to cross-border cases linked to marriage, inheritance, social security or maintenance obligations.
Under the agreed text, adults will be able to set out in advance how they want to be supported and protected if they later become unable to manage certain decisions themselves.
The rules also set out which country’s legal system should handle a cross-border case.
Measures taken in one member state should be recognised in another without a special procedure, although countries may refuse recognition if the adult was not given a “genuine and effective hearing.”
EU-wide certificate for support and representation
The deal includes a new European Certificate of Support and Representation, which adults will be able to request for use across the EU, the Parliament said.
The certificate can be used to show that a named person is authorised to represent or support the adult.
The certificate must be issued free of charge or for a fee capped at the administrative cost of producing it, and should be available in a digital format where possible.
A plan for interconnected registers was removed from the legislation, while electronic communication between authorities and with citizens was strengthened.
Rapporteur Yana Toom, an Estonian MEP in the Renew group, said the rules would “make life easier for adults that need protection or support in another country.”
The regulation will enter into force 20 days after publication in the EU’s Official Journal once formally approved by the European Parliament and the Council.
