Authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation concerning family law matters

2023/0027(CNS)

The Committee on Legal Affairs adopted, under a special legislative procedure (consultation), the report by Ilana CICUREL (Renew, FR) on the proposal for a Council decision on an authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation concerning family law matters.

The committee recommended that the European Parliament approve the Commission's proposal subject to amendments.

Members stated that France should be entitled to negotiate an agreement with Algeria on matters relating to judicial cooperation in civil matters concerning family law, provided that the following negotiating directives are followed:

- inform Algeria that the European Commission may take part in the negotiations as an observer and will be informed of any progress and results achieved during the various stages of the negotiations;

- inform Algeria that, after the conclusion of negotiations, an authorisation from the Council of the European Union is required before France is allowed to conclude the agreement;

- inform Algeria that the authorisation from the Council of the European Union to conclude the agreement, following a proposal from the Commission, may provide that the agreement may have a limited validity in time, possibly with a system of a tacit renewal to be indicated in the decision of the European Parliament and of the Council on the conclusion of the agreement;

- insert a provision providing for full or partial denunciation of the agreement or direct replacement of the relevant provisions in the agreement in the event of the conclusion of a subsequent agreement between the Union or the Union and its Member States, on the one hand, and Algeria, on the other hand, or Algeria's accession to the relevant Hague Conventions;

- insert a provision to the effect that the decisions recognised in France under this agreement cannot subsequently circulate in other EU Member States under Union law;

- ensure that the provisions of the agreement negotiated with Algeria comply with the relevant Union acquis and Hague Conventions.