Article page checkbox is not checked in page info.
New EU rules on the cross-border protection of adults with limited decision-making capacity
New EU rules on the cross‑border protection of adults with limited decision‑making capacity
Ionel Zamfir, Members' Research Service
Summary
During the October II plenary session, Parliament is due to vote at first reading on an EU regulation on the protection of vulnerable adults covering jurisdiction, applicable law, recognition and enforcement of protective measures, and cooperation. The agreement reached in trilogue negotiations amends the Commission proposal to better reflect EU obligations concerning the rights of persons with disabilities, privacy and subsidiarity.
Statement of purpose
First‑reading report: 2023/0169(COD); Committee responsible: JURI; Rapporteur: Jana Toom (Renew, Estonia). For further information see our 'EU Legislation in progress' briefing.
Background
Free movement in the EU facilitates cross‑border mobility for people of all ages and health conditions. People who take up residence in another EU country may experience reduced decision‑making capacity as a result of disability or ageing. In such cases, legal support or representation is vital for the conduct of daily activities or placement in care. Significant differences between EU Member States' legal arrangements in such situations create a need for common cross‑border rules on applicable law, jurisdiction and mutual recognition of decisions. The Hague Convention on the International Protection of Adults (HAPC) addresses these issues only partly and currently has 16 contracting parties, including 13 EU Member States.
European Commission proposal
In 2023, the Commission submitted a draft regulation based on Article 81(2) TFEU on judicial cooperation in civil matters. The draft is broadly aligned with the HAPC. It provides for direct recognition in other Member States of protective measures and powers of representation. It proposes creating an interconnected system of national registers.
Agreement reached in interinstitutional negotiations
Parliament and Council negotiators reached an agreement on 12 May 2026, amending the Commission proposal in several respects. It aligns provisions on applicable law and jurisdiction with existing national rules. Compared with the Commission proposal, the agreed text gives greater recognition to supported decision‑making alongside representation, reflecting the EU's and Member States' obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD). To address privacy concerns, it removes the proposed interconnected system of registers, facilitating instead electronic communication between national authorities.
European Parliament position
Parliament had previously called for EU legislation in this area through legislative‑initiative resolutions adopted in 2008 and 2017. The Committee on Legal Affairs report formed the basis for Parliament's negotiating mandate in July 2025. It prioritised supported decision‑making, while respecting national legal systems, and called for removing the proposed interconnected registers, subject to a review after five years (extended to 10 in the agreement with the Council). The agreement awaits Parliament's first‑reading vote during the plenary session beginning on 19 October 2026.
Classification
Policy areas: Private International Law and Judicial Cooperation in Civil Matters
Committees: Legal Affairs (JURI)
Statement on the use of AI
Any AI‑generated content in this text has been reviewed by the author(s).
Disclaimer
This document is prepared for, and addressed to, the Members and staff of the European Parliament as background material to assist them in their parliamentary work. The content of the document is the sole responsibility of its author(s) and any opinions expressed herein should not be taken to represent an official position of the Parliament.
Copyright
© European Union.
The reuse of this document is authorised under a Creative Commons Attribution 4.0 International (CC-BY 4.0) licence.
To use or reproduce elements that are not owned by the European Union, permission may need to be sought directly from the respective rightsholders.