The protection of adults in the legal order of the EU

Council, Conclusions on the situation of vulnerable adults and their cross-border legal protection, 2899th Council Meeting, Justice and Home Affairs, Luxembourg, 14667/08 (Presse 299), 24 October 2008.

European Parliament, Cross-border implications of the legal protection of adults, Resolution of 18 December 2008 with recommendations to the Commission on cross-border implications of the legal protection of adults (2008/2123(INI)), OJ C 45E, 23 February 2010, 71-74.

Council, Compilation of comments from delegations concerning respectively ratification or accession to the Convention and application thereof as of November 2010, The Hague Convention of 13 January 2000 on the International Protection of Adults, JUSTCIV 236, Brussels, 18083/10, 20 December 2010.

European Commission, Follow-up to the 2008 European Parliament resolution with recommendations to the Commission on cross-border implications of the legal protection of adults, SP(2009)988.

European Council, The Stockholm Programme - An open and secure Europe serving and protecting citizens, OJ C 115, 4 May 2010, 1-38.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe (COM(2010) 636 final of 15 November 2010.

Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, Tackling cross-border inheritance tax obstacles within the EU, 15 December 2011, COM/2011/0864 final.

European Parliament, Directorate-General for Internal Policies, Policy Department Citizens’ Rights and Constitutional Affairs, The Hague Convention on 13 January 2000 on the International Protection of Adults, Philippe Lortie, December 2012.

Council, Updated compilation of comments from delegations concerning respectively ratification of or accession to the Convention and application thereof as of November 2010, 5 February 2015.

European Parliament, JURI Committee, Hearing on the Protection of Vulnerable Adults, 14 March 2016.

European Parliament, Salm, C,  Protection of Vulnerable Adults, European Added Value Assessment, Accompanying the European Parliament’s Legislative Initiative Report, Rapporteur: Joëlle Bergeron, 8 September 2016.

European Parliament, Resolution of 1 June 2017 with recommendation to the Commission on the protection of vulnerable adults, 2015/2085(INL), OJ C 307, 30.8.2018, 154-160.

European Commission, Follow up to the European Parliament resolution of 1 June 2017 with recommendations to the Commission on the protection of vulnerable adults, SP(2017)510.

European Commission, Answer - Protection of vulnerable adults - E-003844/2017, 30 August 2017.

European Commission, Parliamentary Questions, Answer given by Ms Jourová on behalf of the Commission, Question reference: E-003844/2017, 15 September 2017.

European Commission, Work Forum on the Implementation of the UNCRPD in the EU and the Member States, Brussels, Belgium, 13 May 2019

Council conclusions on the Future of Civil Justice Cooperation, OJEU C 419, 12.12.2019, 6.

European Parliament, Legislative Train, Area of Justice and Fundamental Rights, Protection of Vulnerable Adults, 1 December 2020.

Council, Conclusions on the Protection of Vulnerable Adults across the European Union, 7 June 2021, 8636/21, JUSTCIV 85, COPEN 221, FREMP 129, JAI 521.

Court of Justice of the European Union, Siegfried János Schneider, Case C-386/12, judgment of the Court (Third Chamber) of 3 October 2013, ECLI:EU:C:2013:633: “Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and, in particular, Article 22(1) thereof must be interpreted as not applying to non-contentious proceedings which a national of a Member State who has been declared to be lacking full legal capacity and placed under guardianship in accordance with the law of that State applies to a court in another Member State for authorisation to sell his share of a property situated in that other Member State, in view of the fact that such proceedings are concerned with the ‘legal capacity of a natural person’ for the purposes of Article 1(2)(a) of Regulation No 44/2001, a matter which falls outside the material scope of that regulation”.

Court of Justice of the European Union, Wolfgang Schmidt v. Christiane Schmidt, Case C-417/15, judgment of the Court (Second Chamber) of 16 November 2016, ECLI:EU:C:2016:881: “The provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition of enforcement of judgments in civil and commercial matters is to be interpreted as meaning that an action seeking avoidance of a gift of immovable property on the ground of the donor’s incapacity to contract does not fall within the exclusive jurisdiction of the courts of the Member State in which the property is situated, provided for under Article 24(1) of Regulation No 1215/2012, but within the special jurisdiction provided for under Article 7(1)(a) of that regulation. An action seeking the removal from the land register of notices evidencing the donee’s right of ownership falls within the exclusive jurisdiction provided for under Article 24(1) of the same regulation”.

Fundamental Rights Agency, Legal capacity of persons with intellectual disabilities and persons with mental health problems, Luxembourg, 2013.

Fundamental Rights Agency (EU), European Court of Human Rights, Council of Europe, Handbook on European non-discrimination law, 2018 Edition.

Fundamental Rights Agency, EU Framework for the UN Convention on the Rights of Persons with Disabilities, mentioning the institutional and legislative framework within the EU as well as the institution created by EU Member States for implementing the UN CRPD.

Ministère de la Justice - France, (2007) Mieux protéger les personnes vulnérables à l’échelle internationale.

European Union Agency for Fundamental Rights Agency (2018), Independent living for people with disabilities.