The Protection of Adults in International Situations

The Hague Convention of 13 January 2000 on the International Protection of Adults broke new ground in providing private international law rules regarding the protection of adults. The Convention has, however, only been ratified by nine Member States of the European Union and its practical effects, especially in relation to private mandates, has been, overall, limited. ELI therefore proposes by the present report that the Union should consider both external action and the enactment of legislation, in order to comply with its obligations under the UN Convention on the Rights of Persons with Disabilities as well as under other instruments for the protection of human rights, and in order to ensure that all Union citizens can exercise their rights under the Treaties, and move freely (and/or freely transfer their assets) from one Member State to another. External action, it is proposed, may take the form of a decision authorising the Member States that have not yet done so to ratify the Hague Convention in the interests of the Union. For its part, the Union should enact legislation to complement the Convention and enhance its operation between Member States, consistent with the principles that underlie the Convention itself. Possible improvements include the adoption of a provision to enable the adults concerned, when still in a position to protect their interests, to choose, subject to appropriate safeguards, the court to have jurisdiction to rule on their protection, and the creation of a European Certificate of Powers of Representation. The Institute’s report provides analysis and, where appropriate, proposals regarding further issues surrounding the application of the Hague Convention or otherwise relevant to the protection of adults in international situations. Such analysis and proposals are put forward in preparation for the Special Commission on the Convention that the Hague Conference on Private International Law plans to convene in 2022. The report also includes a checklist intended for practitioners, to encourage the development of private mandates within the ambit of the substantive laws of the Member States.