Jim O'Callaghan

A meeting of the EU Justice and Home Affairs Council on Friday reached a joint position on the proposed regulation on applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults.

The new law aims to protect the rights of adults who, for example because of age-related conditions such as Alzheimer’s disease, are no longer able to make decisions without support from family members or a guardian.

The regulation will ensure that their right to autonomy, including the freedom to make their own choices, is respected when moving within the EU.

It will determine which court or other authority is competent to take protection measures in a cross-border case, which law applies, and how decisions or powers of representation established abroad are recognised and enforced.

Ministers are pushing back against some aspects of the original proposal from the European Commission, which included the creation of a ‘European certificate of representation’ with automatic legal effect in every EU member state.

The Council said it supports such certificates being used to prove representation and authorisation to support the adult concerned, but says it should be left to national law to determine whether the certificate has legal effect in a member state.

It is also for now resisting the Commission’s proposal for the setting up of interconnected registers to provide information on protection measures in another member state, arguing this would impose too high an administrative burden, but has suggested this could be revisited later.

Cypriot justice minister Costas Fytiris said: “When people become vulnerable because of a health condition, the law must offer protection.

“Today’s agreement will ensure that adults and especially older people who rely on others for help can still have their choices recognised wherever they move within the EU.”

Ireland’s justice, home affairs and migration minister Jim O’Callaghan said: “The promotion of the rights of disabled people is a priority focus for the Irish government.

“We strongly support the objectives of the proposal to protect the interests of adults, who require help with decision making, in cross-border situations.

“This regulation will make a positive difference for people, throughout the Union, who require, or will require, support with decision making.”

The agreement reached on Friday will serve as the basis for the Council to enter negotiations with the European Parliament in order to agree on a final legal text.