On 6 March, the Council of the EU agreed its position on proposed EU legislation for the protection of vulnerable adults in cross-border situations. The legislation aims to protect the rights of adults who are unable to make decisions without support from family members or a guardian, to protect their right to autonomy, when moving within the EU.
The new rules 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. The agreement builds on the Council’s partial agreement from 2025, setting out its position on remaining provisions, including those concerning placement of an adult and the creation of a European certificate of support and representation.
The agreed text refers to the procedure under the Hague 2000 Protection of Adults Convention, which allows a member state to oppose the placement of an adult on its territory, as well as setting out which country’s authorities are responsible, and which national law applies when an adult in need of protection is in another country.
The Commission proposals include the creation of a European certificate of representation to make it easier for representatives to prove their powers in another member state. The Council clarifies that the certificate could be used not only to prove representation, but also to show that the representative is authorised to support the adult concerned. Additionally, the Commission proposal provided that the certificate would automatically produce effects in the member state that issued it. The Council position leaves it to national law to determine whether the certificate has legal effect in that member state.
Whilst the Commission proposal provided for the establishment of interconnected registers, the Council removed this proposal to avoid administrative burden, however, it includes a task for the Commission to reassess the possibility to establish such registers after the legislation has been implemented.
Going further than the convention, the regulation will also allow the adult concerned to choose the court that should handle their case, provided there is a clear connection between the person and the chosen court. As a general rule, courts will apply their own national law, while specific provisions will address situations where a member state has more than one legal system.
To ensure legal certainty across borders, the regulation provides for the automatic recognition of protection measures taken in another member state, with only limited exceptions. The text also guarantees that authentic instruments, such as notarial acts, will have the same legal value in other member states as they do in the country where they were issued.
The agreement will serve as the basis for the Council to enter negotiations with the European Parliament in order to agree on a final legal text.
Further information on the cross-border protection legislation is available at: https://www.consilium.europa.eu/en/press/press-releases/2026/03/06/council-agrees-position-on-eu-law-to-protect-vulnerable-adults/?utm_source=brevo&utm_campaign=AUTOMATED%20-%20Alert%20-%20Newsletter&utm_medium=email&utm_id=3318
