European Commission's Public Consultation on the Initiative on the Cross-Border Protection of Vulnerable Adults - Response of the European Law Institute

The cross-border protection of vulnerable adults remains an important legal issue, especially in light of Europe’s ageing population and the increasing mobility of people and their assets. In December 2021, the European Commission launched a public conultation on legal aspects of cross-border protection of vulnerable adults, with the aim of gathering evidence on possible EU measures aimed at enhancing the current state of affairs. This paper is the response to that consultation on the part of the European Law Institute (ELI). The response builds on the ELI’s Report on the Protection of Adults in International Situations of 2020. It reiterates the need for action in the above field, in light of the lack of uniform substantive and procedural rules at national level and inconsistent private international law rules in the field, the latter owing in part to the limited number of signatories to the Hague Convention on the International Protection of Adults. The drafters therefore urge the EU to take measures to improve the protection of adults in cross-border situations both at regional and global level by encouraging ratification of the Hague Convention by Member and third party States. Internally, the EU is also called, among other things, to supplement the Convention through legislative measures that facilitate forum selection (including by adults at a time when they have capacity), determine the law applicable to advance directives and propose templates for the same. Such directives, which could be used more in this context, encourage self-determination in the event of a capable adult’s future incapacity. Elaborating on ELI’s 2020 Report, the drafters also champion the European Certificate of Powers of Representation (ECPR) register and outline its benefits and potential scope, including its capacity to act as a repository of advance directives.