2ND FL-EUR CONFERENCE EUROPEAN PATHWAYS FOR

Transcript:2ND FL-EUR CONFERENCE EUROPEAN PATHWAYS FOR:
2ND FL-EUR CONFERENCE EUROPEAN PATHWAYS FOR SUPPORTING AND PROTECTING ADULTS: FIRST RESULTS FROM THE FL-EUR NATIONAL REPORTS AND INSIGHTS FROM OTHER PROJECTS 24 NOVEMBER 2024 AMSTERDAM FIRST RESULTS FROM THE FL-EUR NATIONAL REPORTS: GENERAL OVERVIEW PROF. MASHA ANTOKOLSKAIA CHAIR FL-EUR, VRIJE UNIVERSITEIT AMSTERDAM What is FL-EUR? Established in Amsterdam in 2019; A private academic initiative; Unites family & law experts from 31 European jurisdictions https://fl-eur.eu/members/ Austria Belgium Bulgaria Croatia Czechia Denmark England & Wales Estonia Finland France Germany Greece Hungary Italy Ireland Letland Lithuania Norway Poland Portugal Romania Russia Scotland Serbia Slovenia Spain, Sweden Switzerland Netherlands North Macedonia Ukraine Purpose Close academic cooperation in the field of family and law, aimed at: Accumulation and dissemination of knowledge of both family law in the books and in action; Promotion of comparative and multidisciplinary research and education; Learning from each another’s experience; Providing up-to-date comparative data for European, supranational and national bodies; No harmonisation Fields: Substantive family law, child law, the law of persons and related subjects of the inheritance law; No Private International Law; First field: Empowerment and Protection of Vulnerable Adults Working method Time-path first werking field Drafting the questionnaire: looking for common language Functional ‘desequivalence’: the use of the term guardianship in initial quick scans: Guardianship as heaviest measure of substitute decision making, leading to full deprivation of legal capacity, in contrast to the weaker measure curatorship, leading to restriction of legal capacity (Bulgaria, Czechia, England & Wales, France, Poland, Russia, Spain, the Netherlands) Guardianship as measure of substitute decision making, leading to deprivation/restriction of legal capacity (Croatia, Estonia, Finland, Scotland, Serbia, Slovenia) Guardianship as measure of substitute or support decision making, having no automatic effect on legal capacity (Denmark, Norway,) Other terms are used for the institution of the guardian: (e.g. Hungary –custodianship, Lithuania – curatorship) Use of the term guardianship is abandoned after the reforms due to association with the old paradigm (Austria, Belgium, Germany, Portugal, Sweden, Switzerland) Analysing reports: first results Work in progress! Quick scan of 27 FL-EUR Reports (4 were not yet available) Legal reform Finland, Ireland Germany, Norway England & Wales, Denmark, Hungary, Lithuania, Scotland, Sweden, Switzerland Bulgaria, Croatia, Estonia, Greece, The Netherlands, Poland, Russia, Serbia, Ukraine Austria, Belgium, Czechia, Portugal, Romania, Slovenia, Spain Paradigm shift : Article 12 VN CRPD 1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. 2. States Parties