[Autom. eng. transl.] I. Current status of the issue: 1. The growing concern for the international protection of adults. 2. The limitations of the existing regulatory framework: A) The risk of positive competition conflicts; B) The risk of lack of coherence with respect to the Law applicable to the substance of protection; C) The lack of specific conflict rules regarding preventive powers of representation; D) The possible difficulties related to the recognition of protection measures. II. The reasons why the EU should consider getting involved in the international protection of adults: 1. The safeguarding and promotion of the fundamental rights of persons with disabilities. 2. The free movement of persons between Member States. 3. The proper functioning of the Internal Market. III. What the EU could (and should) do regarding the international protection of vulnerable adults: 1. The possibility of acting at European level under art. 81 TFEU. 2. The convenience of “self-control” by the EU in the light of the successful experience developed in some Member States thanks to the Hague Convention of 2000. 3. The EU should use its external competence to require all Member States that became States parties to the Hague Convention of 2000. 4. The adoption of European legislative measures should, in any case, be considered in order to solve some of the weaknesses of the Hague Convention and to improve its functioning between Member states. IV. Final considerations.
|Translated title of the contribution||[Autom. eng. transl.] International protection of vulnerable adults: a call to action at the European Union level|
|Number of pages||19|
|Journal||ANUARIO ESPAÑOL DE DERECHO INTERNACIONAL PRIVADO|
|Publication status||Published - 2016|
- Diritto internazionale privato
- Private international law