Skip to main content

Protection of adults

The European Commission proposes to harmonise rules on the cross-border protection of adults in the EU and to join an international convention in this field.

Due to the ageing of the population and a frequent decline in the mental and psychosocial faculties of elderly people, as well as the increasing number of persons with disabilities of all ages, more and more adults need legal protection or legal support to handle their personal or financial interests. Currently, those adults face various difficulties in cross-border situations (for instance where their representative needs to close a foreign bank account abroad or where a protection measure taken by a court of one country needs to be invoked abroad). 

On 31 May 2023, the Commission presented two legislative proposals aimed at solving the difficulties experienced by those adults and their representatives in cross-border situations:

  • a Regulation that will govern cross-border cases for the protection of adults among EU countries and
  • a Council Decision that will oblige EU countries to join the HCCH 2000 Protection of Adults Convention

The proposals will establish uniform rules applicable to cross-border cases related to the protection of adults, improve legal certainty, reduce the cost and length of cross-border proceedings, and contribute to safeguarding the rights of adults, including their right to autonomy. 

A cross-border case means that two different countries are involved in the same case: for example a protected adult lives in country A but owns assets like a house or a bank account in country B, or is traveling in country B and needs medical treatment there.

Who is covered by the Commission proposals?

The Commission proposals cover adults who, due to an impairment or insufficiency of their personal faculties, are not in a position to protect their interests. This impairment or insufficiency can be permanent or temporary and, among others, of physical or psychosocial nature (e.g. intellectual disability, psychiatric illness), or in connection with an age related disease, such as Alzheimer’s disease, or resulting from a health condition, such as a coma.

To ensure their protection and support in the exercise of their legal capacity, those adults may be the subject of a protection measure taken by a court or an administrative authority, or be supported by a person (a ‘representative’) who they have appointed in advance (through ‘powers of representation’) to manage their interests. Where those adults happen to be in a cross-border situation, the Commission’s proposals will solve the problems related to the involvement of more than one country. Those rules will ensure that the legal protection granted to those adults in one country continues unimpeded across borders. They will contribute to safeguarding their rights, including the right to autonomy and access to justice. 

The proposals will also facilitate the cross-border dealings for the adults’ representatives and other persons and entities dealing with those representatives.

How will the proposals work?

The legislative package consists of a Commission’s proposal for a Regulation that will apply among EU countries and a proposal for a Council decision that will oblige EU countries to join the Convention of 13 January 2000 on the International Protection of Adults (‘HCCH 2000 Protection of Adults Convention’).

The proposed Regulation will lay down common rules on judicial cooperation in cross border cases in the EU. This means rules establishing international jurisdiction of courts and authorities taking measures, determining the law applicable to a case, and how measures taken for the protection of adults are recognised in other EU countries. The Regulation will also lay down rules governing the law applicable to powers of representation and how to give them effect abroad. The Regulation will further provide rules on the cooperation among Member States’ authorities, as well as rules establishing mandatory digital communication, a European Certificate of Representation, and interconnected registers.

The HCCH 2000 Protection of Adults Convention is an international convention that provides a legal framework applicable to the protection of adults internationally, among its Contracting States. These Contracting States currently include 12 EU countries and Switzerland, Monaco, and the United Kingdom (with respect to Scotland only). Based on the Commission’s proposal for the Council decision, all remaining EU countries (with the exception of Denmark) will be obliged to join the HCCH 2000 Protection of Adults Convention. The Convention will only be applied by EU countries in relation to other non-EU Contracting States and not in relation to other EU countries

Consequently, the legislative package will propose standard rules concerning the protection of adults in cross-border cases both among EU countries and internationally (with other countries that are or will become parties to the HCCH 2000 Protection of Adults Convention). This uniform legal framework will tackle the existing difficulties faced by adults in cross-border situations, address the current gaps and inconsistencies in the legal protection of adults. It will thus help to better protect the rights of adults, strengthen legal certainty and predictability in cross-border dealings and improve the effectiveness and speed of cross-border proceedings concerning the protection of adults. 

What is the relationship between the proposals and the law of EU Member States?

The proposals do not affect national law of EU countries concerning the protection of adults (such as rules governing the types of protection measures and their consequences, powers that a representative of an adult may have and their limitations, etc.).

The proposals only include rules that will apply in cross-border cases and answer for instance the following questions: 

  • Which country’s courts have jurisdiction to take a protection measure concerning an adult?
  • Which country’s law will apply to the protection of an adult who has links with more than one country?
  • How can a protection measure or powers of representation have effect in other countries?
  • How can authorities of different countries cooperate and exchange information with each other concerning the protection of adults? 

Next steps

The proposals must be examined and discussed by the European Parliament and the Council. 

The proposal for a Regulation is to be adopted by the European Parliament and the Council. The Regulation will start to apply 18 months after its adoption. Member States will then have 4 additional years to make their communication channels electronic, and 5 years to create a register and interconnect it with registers of other Member States. 

The Council decision is to be adopted by the Council after a consultation with the European Parliament. Member States will then have 2 years to comply with the Council decision and join the HCCH 2000 Protection of Adults Convention.

Documents

  • 31 MAY 2023
Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults
  • 31 MAY 2023
Annexes to the Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults (annexes 1-10)
  • 31 MAY 2023
Annex to the Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults (annex 11)
  • 31 MAY 2023
Subsidiarity Grid accompanying the Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults
  • 31 MAY 2023
Proposal for a Council decision authorising Member States to become or remain parties, in the interest of the European Union, to the Convention of 13 January 2000 on the International Protection of Adults
  • 31 MAY 2023
Annex to the Proposal for a Council decision authorising Member States to become or remain parties, in the interest of the European Union, to the Convention of 13 January 2000 on the International Protection of Adults
  • 31 MAY 2023
Impact Assessment Report accompanying the Proposal for a Regulation and the Proposal for a Council decision
  • 31 MAY 2023
Executive Summary of the Impact Assessment Report accompanying the Proposal for a Regulation and the Proposal for a Council decision
  • 31 MAY 2023
Study supporting the preparation of the impact assessment - Final Report by Milieu – Civil aspects of the cross-border protection of vulnerable adults