Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-03-13-Speech-3-388"
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"en.20020313.17.3-388"2
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"Mr President, I hope that you will be able to tell Commissioner Vitorino to what extent the MEPs here are rallying on this issue, that they want to make it a political challenge, because children are not capable of making as much noise as bombs, but that they too need exequatur procedures to be abolished. They need policies to be implemented. If the Commission indeed wants to make the mobility of European citizens one of its priorities in order to harmonise and promote the European labour market, it should face facts: we will also need European family law within the European judicial area.
Experts have been working for years on drawing up these texts and are despairing of ever being able to mobilise policies. We need to take this task in both hands, and I think that this oral question can contribute to that.
What European law should we draw up? There are the mechanisms of the Hague. There is certainly a particular place for Community law, for law of the members of the European Union. From that point of view, I would like to draw your attention to a few difficulties. The first is that through European law we should not call into question the principle of the authority of the judge of the resident country. This is an inviolable right if we wish to face up to the reality and resolve conflicts in a harmonious manner. There is the possibility of developing networks of trust. This is essential, otherwise automatic return, which is what should be standard law in the European Union, will never come. You mentioned some programmes for developing those trust measures. Use them. We need them in order to promote exchange, so that when a French judge rules on a child custody case, on return after abduction, he will not be tempted by the nationalist reflex. Neither the French judge, nor the English, Irish, German or Finnish judge. There is also the hope that came from the Informal Council meeting in Santiago de Compostela, which was a positive sign. But as it is the details that cause the problem, it is essential that the conditions for the return of children be respected. Whether it is after an abduction or after exercising rights of access or rights to have a child to stay for a limited period, the return should take place according to the law of the country of residence.
Finally, I would just like to ask you for clarification on the third part of our question: what do you think of the idea that the Commission could launch a working group in order to have a discussion between Europeans of the tricky notion, which pollutes many of the judgments, that of the interests of the child, which we have included in the Charter of Fundamental Rights?"@en1
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