William Audland KC of 12KBW & Annahita Moradi of 1 Pump Court are instructed by Eilish Ferry-Kennington of EMG Solicitors.
On 31 May 2023, the European Commission published its ‘Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults’.
The proposal seeks to establish through a draft Regulation a uniform and harmonised legal framework for the protection of adults deprived of their legal capacity across the EU.
William and Annahita are instructed to advise on the compatibility of the draft Regulation with the EU’s existing obligations to protect and promote the human rights it has agreed to respect under the European Convention on Human Rights, the EU Charter of Fundamental Rights, and the UN Convention on the Rights of Persons with Disabilities.
A UN Special Rapporteur and an independent expert have expressed concerns about the proposal in their joint submission, finding that ‘the danger is that if applied as it is … then laws and practices that clearly violate the UN [Convention on the Rights of Persons with Disabilities – CRPD] will be further cemented into practice.’
