Internal mails DG JUST about acquis or not

From: TUITE Margaret (JUST)

Sent: Saturday, November 09, 2013 1:56 PM

To: DE LUCA Patrizia (JUST); SAASTAMOINEN Salla (JUST)

Cc: SUHONEN Lasse (JUST); JUST NOTIFICATIONS A1; JUST NOTIFICATIONS C1; HOEFMANS Alexander (JUST); ROMANOVIC Aleksandar (JUST); LANZKE Guido (JUST); BUCHET Antoine (JUST)

Subject: RE: Letter for the attention of DG F. Le Bail

Dear Patrizia, thanks for this; all very interesting, given that I don't think anyone here was aware of the 2004 correspondence between Jonathan Faull and Fabrizio Barbaso, although I had read some discussions on the topic in Roelie Post's book. With regard to the 1993 Hague Convention, if I added it to the acquis list, it was because A1 told me to (see second reply from A1), but it is not on the 2013 acquis list that 01 keeps up to date .

I agree that we should be chef de file and A1 should be associated as the main focus is on UNCRC.

This seems to be a rather novel way of ratifying UN Conventions…

Margaret

http://www.consilium.europa.eu/uedocs/cmsUpload/EN-1998-REL.pdf point 28 in table

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:1999:104:0135:0143:EN:PDF footnote 15

http://database.statewatch.org/e-library/1999-7202.pdf on this list, but after other points, including reference to conventions that new MS are not obliged to accede to…

Discussion of ratification status by acceding MS: http://database.statewatch.org/e-library/1999-5817.pdf

From: DE LUCA Patrizia (JUST)

Sent: Friday, November 08, 2013 5:59 PM

To: SAASTAMOINEN Salla (JUST); TUITE Margaret (JUST)

Cc: SUHONEN Lasse (JUST); JUST NOTIFICATIONS A1

Subject: FW: Letter for the attention of DG F. Le Bail

Dear Salla and Margaret,

Please have a look. This is not usual request of access to documents but regards the UNCR Convention. I think that your Unit should be CF on this as reference is made to correspondence between Dohle and the Coordinator on Child's Rights. (I don't know why he has addressed to JUST CIV COOP indeed). A1 can be associated if needed. The 1993 Hague Convention is linked to the UNCR Convention in the sense that it is aimed at implementing Article 21 of the United Nations Convention on the Rights of the Child2by adding substantive safeguards and procedures to the broad principles and norms laid down in the Convention on the Rights of the Child. We encourage third countries to accede to the Convention as it protects child's rights in the adoption procedure. Whether it is formally part of the acquis or not I don't know. It can be argued that all EU MSs are Party to it, therefore it is, as it is only the lack of the REIO clause that prevents EU as such to accede to it.

Please let me know.

Kind regards,

Patrizia

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