Study on the Cross-border Legal Protection of Vulnerable Adults in the EU

The study’s objective is to evaluate the main legal difficulties and practical challenges in the cooperation within the EU in the field of the protection of vulnerable adults, and to assess the need for and the possible added value of a common legal framework for the protection of vulnerable adults in cross-border cases, either through mandatory ratification of the Hague Convention of 13 January 2000 on the International Protection of Adults or via the adoption of an EU instrument to reinforce and streamline the judicial cooperation in that area. To this end, the study examines the national laws and practices of the Member States with regard to the roles and functioning of competent authorities, the different types of measures of protection provided for in the national legal systems, the main procedural rules applying to these measures, as well as the private international law rules in place for cross-border cases. The data presented in the report is based on desk research, as well as on the results of an online survey targeted at national competent authorities, legal practitioners and other stakeholders involved in the protection of vulnerable adults (e.g. NGOs, service providers). On the basis of the data collected, and in particular the information gathered on the existing problems in judicial cooperation between Member States and disparities in the current level of protection of vulnerable adults across the EU stemming from the absence of a common legal framework, the need, added value and feasibility of further action at EU level, which may take the form of a mandatory ratification of the Convention and/or of EU legislation on the matter, was assessed.