Council and Parliament strike deal on new EU rules to protect vulnerable adults

The Council and the European Parliament agreed on new rules to guarantee the rights of adults who need protection or support in cross-border situations.

This includes rights related to the sale of property, medical care or relocation to another country.

The new law will protect the rights of adults who are no longer able to make decisions without some support – for example, those with age-related conditions like Alzheimer’s disease being supported by a family member or other representative.

The regulation broadly aligns EU law in this area with international rules set out under the Hague Protection of Adults Convention. It will safeguard the autonomy of vulnerable adults, including their freedom to make their own choices, when moving within the EU.

Specifically, the new rules determine which court is competent to take protection measures in a cross-border case, which law applies, and the conditions for recognition and enforcement of measures or powers of representation established abroad.

Vulnerable people deserve dignity and autonomy no matter where they move within the EU. Tonight’s agreement establishes simple facts: that those adults in need of protection should have legal certainty, and that their choices should be recognised and respected wherever they are within our Union.

Costas Fytiris, Minister of Justice and Public order of the Republic of Cyprus

Jurisdiction in cross-border cases

The new regulation clarifies which country’s court has jurisdiction in cross-border cases involving the protection of adults. It builds on the Hague Convention which links jurisdiction to factors such as a person’s habitual residence, nationality or the location of their property.

The regulation will also allow the adult concerned to choose the court that should handle their case, provided there is a clear connection between the person and the chosen court.

Recognition and enforcement

To ensure legal certainty across borders, the regulation provides for the automatic recognition of protection measures taken in another member state, with only limited exceptions - for example, if an adult was not given a genuine and effective opportunity to be heard.

The text also guarantees that legal documents, such as notarial acts, will have the same effects in other member states as they do in the country where they were issued.

Placement of an adult

In the context of the new law, the term “placement of an adult” refers to court decisions addressing where an adult should live, such as determining their place of residence. It also includes situations where an adult unable to express their wishes needs to be admitted to a care facility in another member state than their own.

The regulation stipulates that authorities must consider the interest of the adult and respect their will and preferences when it comes to their placement in another EU member state than their normal place of residence. To give member states flexibility, the agreed text also allows a member state to oppose the placement of an adult on its territory – for example, if it does not agree with the reasons justifying the placement.

European certificate of support and representation

The agreed legislation introduces a new EU-wide certificate of support and representation, which will make it easier for the representatives of adults in need of protection to prove their powers, and their authorisation to support the person in another member state.

Next steps

Once the text has been finalised and formally approved by the co-legislators, the new legislation will enter into force 20 days after its publication in the EU’s official journal. The measures will then start progressively entering into application as of 24 months later.

Background

The number of people who need support in taking decisions about personal aspects of their lives is increasing. According to EU figures, the proportion of people over 65 living with some form of disability is projected to rise by 77% by 2050. At the same time, growing numbers are exercising their right to free movement within the EU and, for example, live in more than one country over the years or own property in several member states.

This situation gives rise to many challenges in cross-border contexts, such as managing property located in another country, undergoing emergency or planned medical treatment abroad, or relocating to another member state. Adults who are no longer able to take such decisions without support from a family member or guardian often face complex and sometimes conflicting private international law rules.

The Hague Protection of Adults Convention is an international agreement adopted on 13 January 2000. It establishes rules on which country’s authorities are responsible, and which law applies in cross-border cases involving adults in need of protection. So far, it has been ratified by 13 EU member states and currently applies only in those countries. However, the Commission proposal for the regulation agreed today was also accompanied by a proposal for a Council decision requiring all member states to join. That Council decision remains under discussion among member states.