The Council of the European Union is set to authorise Member States to accept Cabo Verde's accession to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, following a proposal from the European Commission dated 19 February 2026. The decision, once adopted, will extend the Convention's protective framework to cover cases of wrongful removal or retention of children between Cabo Verde and all EU Member States except Denmark, which holds an opt-out.
Procedural Background The proposal is a standard procedural step required by EU law. Following the Court of Justice's Opinion 1/13, the EU holds exclusive competence to accept third-country accessions to the 1980 Hague Convention, ensuring a uniform approach across Member States. The legal bases are Article 81(3) TFEU (family law) and Article 218 TFEU (international agreements), requiring a unanimous Council decision after consulting the European Parliament. All consulted Member States have given a favourable opinion, citing positive experiences with Cabo Verde's legal system and its recent accessions to other Hague child protection conventions.
Policy Orientations and Trade-offs The core provision authorises Member States to deposit declarations accepting Cabo Verde's accession, making the Convention's rules on prompt return of wrongfully removed children applicable between Cabo Verde and the EU. The proposal aligns with existing EU policy, notably the Brussels IIb Regulation, which complements the Convention's procedures within the EU. It also supports the EU's broader objective of promoting children's rights and cross-border judicial cooperation. The decision involves no trade-offs, as it is a non-contentious extension of an established framework.
Impact on Stakeholders The decision will primarily benefit children and families involved in cross-border abduction cases between the EU and Cabo Verde, providing legal certainty and streamlined cooperation between central authorities. EU Member States' judicial authorities will gain a clear framework for handling such cases, reducing administrative burdens. Cabo Verde's legal system will be integrated into the EU's network of partner countries under the 1980 Convention, following a pattern used for over 30 other states. The proposal has no budgetary implications.
Expected Institutional Follow-up The Council is expected to adopt the Decision after receiving the European Parliament's opinion. Once adopted, Member States will deposit their declarations of acceptance with the Hague Conference on Private International Law, formally extending the Convention's application to Cabo Verde.
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