European Parliament reaches deal on support rules for adults needing assistance across EU

The European Parliament and EU government negotiators have reached a provisional agreement on new rules aimed at improving support and legal protection for adults requiring assistance in cross-border cases within the European Union.

According to the agreed text, the legislation will apply to matters including medical care, place of residence, real estate, trade, and the management of property and assets. The rules will not apply to cross-border cases related to marriage, succession, social security or maintenance obligations.

The proposed regulation is intended to allow adults to organise their own protection and support in advance of a time when they may no longer be able to manage such matters themselves. The rules will determine which legal frameworks apply in cross-border situations while ensuring that a person’s choices are respected.

Under the agreement, measures taken in one EU country should not require a special procedure to be recognised in another member state. However, EU countries would still be able to refuse recognition if the adult concerned was not given what the text describes as a “genuine and effective hearing”.

Negotiators also agreed that EU countries should provide adults with appropriate support and access to relevant information, including through a practice guide on the application of the regulation and factsheets summarising national legislation.

The agreed text also introduces a European Certificate of Support and Representation, which adults in need of support would be able to request for use across the EU. The certificate could also be used to demonstrate that a designated person is authorised to represent or support the adult.

MEPs secured provisions stating that the certificate should be issued free of charge or for a fee not exceeding administrative costs and, where possible, in digital format.

To address privacy concerns, negotiators agreed to remove interconnected registers from the legislation while strengthening electronic communication between authorities and citizens.

Rapporteur Yana Toom said: “We are making life easier for adults that need protection or support in another country. With the new rules, the Parliament aimed for legal certainty and ensuring the highest respect for human rights, in particular the right to equal recognition before the law.”

The regulation will enter into force 20 days after publication in the Official Journal once it is formally approved by the European Parliament and the Council.

According to the background information accompanying the proposal, the regulation builds on rules established under the International Protection of Adults Convention adopted by the Hague Conference on Private International Law in 2000 and seeks to address gaps in judicial cooperation concerning the protection of adults across EU countries.