Consistent approach: intercountry adoption not a general child protection measure

Interne Prüfung durch Generalsekretariat der Europäischen Kommission wird erwartet.

Dear Secretariat General (SG),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

I refer to the below contribution of DG Enlargement to the Group of Commissioners on Fundamental Rights, of April 2005 that recently became publicly available through Ask the EU.

"In Romania, for example, in the end of 90s, the abuse of the adoption system, which had become close to a market for children, became apparent. After criticism of the European Parliament and the European Commission in 2000–2001, the Romanian government temporarily suspended intercountry adoptions. Serious efforts were undertaken to modernise the Romanian child protection, also with EU financial assistance.

An Independent Panel of EU Experts on Family Law was set up by the Commission in December 2002 in order to examine if the new Romanian draft legislation on children’s
rights and adoption was in compliance with the UN Convention on the Rights of the Child and the European Convention on Human Rights, and with practices in the EU Member States. Currently, the new laws no longer foresee intercountry adoption as a general child protection measure.

The fact that Romania halted intercountry adoptions has led to increased pressure on the other countries for adoptable children. Therefore, there is an urgent need for a consistent approach of the Commission among the different countries of the region in line with international instruments such as the UN Convention on the Rights of the Child."

http://www.asktheeu.org/en/request/1125/...

I hereby request the European Commission to make available all document, notes, minutes, mails related to the developed 'consistent approach to no longer foresee intercountry adoption as general child protection measure'.

Yours faithfully,

Arun Dohle

Generalsekretariat der Europäischen Kommission

Dear Sir,

Thank you for your email dated 11/03/2014.

We hereby acknowledge receipt of your application for access to documents, which was registered on 12/03/2014 under reference number GestDem 2014/1402.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.

The time limit will expire on 02/04/2014. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.4.
Transparence.
Berl. 05/329.

Zitate anzeigen

Arun Dohle hat eine Nachricht hinterlassen ()

Time limit 2 April 2014

Generalsekretariat der Europäischen Kommission

2 Attachments

Dear Arun Dohle,

Referring to your request to access to documents, GESTDEM 2014/1402 that concerns all document, notes, minutes, mails related to the developed consistent approach to no longer foresee intercountry adoption as general child protection measures, we have identified two documents that may be of relevance (besides the contribution of DG Enlargement to the Group of Commissioners on Fundamental Rights that you have linked to your message):

- Internal note for file "Children’s Rights in Romania in the pre-accession phase"; and
- Fourth report to the European Commission of the Independent Expert Panel reviewing the Romanian Government’s proposals for new legislation on the Rights of the Child and Adoption.

Please find these documents enclosed.

Yours,

Salla Saastamoinen
--------------------------------
Head of Unit
JUST.C.1 Fundamental rights and rights of the child
Directorate General Justice
European Commission
Tel. +32-2-29 69463
Gsm. +32-498-9 69463
E-mail: [email address]

--------------------------------------------------------------

Zitate anzeigen

Dear Secretariat General (SG),

I hereby hand in a confirmatory appeal.

I am not satisfied with the reply of DG JUST.

The documents sent by DG JUST do not relate to the follow up given to DG Enlargement's note in which it raised the issue of an urgent need for a consistent
approach of the Commission among the different countries of the region in regards to intercountry adoption NOT being an average child protection measure.

What I received:

The note about Romania which you sent today, dates from 19 December 2013. According to what I received from DG Englargment earlier, this note is the result of the meeting on Romania held on 16 July 2013, and concerns the hand-over note on the work of DG Enlargement in the area of children's rights in Romania during the pre-accession phase prior to Romania's accession to the EU on 1 January 2007.
With the hand-over note DG Enlargement transferred the responsibility for the Romanian children dossier to DG JUST. I do not really understand the meaning and use of such a hand-over note seven years after date, but that's another matter.

The second note sent to me, is the fourth report of the Independent Panel of EU Family Law Experts. This panel concluded that intercountry adoption is not a general measure of child protection.

What I asked for:

This current request is about all documents related to the follow up given to DG Enlargement's note of April 2005, in which it raised the issue of an urgent need for a consistent approach of the Commission among the different countries of the region in regards to intercountry adoption NOT being an average child protection measure.

Therefore, I request to provide me all documents, such as for example agenda & minutes, briefing notes, related to the Commissioner's Group for Fundamental Rights, that give proof of the Commission's work to come to such a consistent approach.

Yours faithfully,

Arun Dohle

Generalsekretariat der Europäischen Kommission

Dear Mr Dohle

My unit has been contacted today on the subject of your access to documents request and the relevance of the proceedings of Commissioner Group on Fundamental Rights, Anti-Discrimination and Equal Opportunities under the Barroso I Commission.

We will look into your request and be in touch with you as soon as possible with the result of our work.

Yours Sincerely
William Sleath

William Sleath
Head of Unit

European Commission
Secretariat-General Unit SG-E1
BERL 6/240
B-1049 Brussels Belgium
+32 2 296 1277
[email address]

Arun Dohle hat eine Nachricht hinterlassen ()

No time limit given by the Commission.
Normal time limit of 15 working days: 7 April 2014

Generalsekretariat der Europäischen Kommission

Dear Mr Dohle

We have taken a look at the work of the Commissioner Group in question, but have not been able to identify documents relating to your specific point.

There are a number of documents related to the adoption of the Commission Communication "Towards an EU Strategy on the Rights of the Child" (COM(2006)367). But I understood your enquiry to be more specifically focused on the enlargement context. Please let us know if this was not the case.

Yours Sincerely
William Sleath

William Sleath
Head of Unit

European Commission
Secretariat-General Unit SG-E1
BERL 6/240
B-1049 Brussels Belgium
+32 2 296 1277
[email address]

Zitate anzeigen

Dear Mr. William Sleath(SG),

Thank you for having located documents related to the Commission Communication "Towards an EU Strategy on the Rights of the Child" (COM(2006)367).

The documents I requested should indeed be part of these documents.

Therefore I would be obliged if these documents could be disclosed.

Thank you in advance,

Arun Dohle

Generalsekretariat der Europäischen Kommission

11 Attachments

Dear Mr Dohle
In response to your follow-up request, please find attached the minutes
and papers on the work of the Commissioner Group in the run-up to the
adoption of the Commission Communication "Towards an EU Strategy on the
Rights of the Child" (COM(2006)367).
Yours sincerely
William Sleath
 
 
Meeting of 16 February 2005
Meeting of 27 April 2005
 
 
Meeting 23 November 2005
Meeting of 29 March 2006
 
Meeting of 28 June 2006
 
 
William Sleath
Head of Unit
European Commission
Secretariat-General Unit SG-E1
BERL 6/240
B-1049 Brussels Belgium
+32 2 296 1277
[1][email address]
 
 
 
 

References

Visible links
1. mailto:[email address]////////omailto:[email address]

Dear Secretariat General (SG),

Thank you very much for the documents. I have read them and saw no reference anywhere to the below mentioned 'need for a consistent approach'.

"The fact that Romania halted intercountry adoptions has led to increased pressure on the other countries for adoptable children.
Therefore, there is an urgent need for a consistent approach of the Commission among the different countries of the region in line with international instruments such as the UN Convention on the Rights
of the Child."

Therefore, I conclude that no consistent approach was developed. If my conclusion is wrong, please let me know.

Yours faithfully,

Arun Dohle

Generalsekretariat der Europäischen Kommission

Dear Mr Dohle

Thank you for the acknowledgement. As your final point falls rather in the area of policy appreciation, I have sent this to DG JUST to see whether they would like to respond.

Yours sincerely

William Sleath

Zitate anzeigen