New rules for
deciding which country’s courts should settle property disputes in divorce or
death cases involving international couples or registered partnerships were
approved by MEPs on Thursday. These rules should end parallel proceedings –
costing around €1.1bn annually – in various member states whose courts have to
settle such property disputes. They will apply in 18 EU countries which were
willing to join this “enhanced cooperation” initiative.
"It was
about time that we had a European instrument for the property consequences of
matrimonial regimes and registered partnerships. From now, international
couples in all forms of marriages will benefit from legal security, better
access to justice and harmonised rules that will fit the nearly 16 million
international couples who live in the EU", said rapporteur Jean-Marie Cavada (ALDE, FR).
The two
regulations, one on matrimonial property regimes and the other on the property
consequences of registered partnerships, determine which court has jurisdiction
and which law applies in proceedings concerning the property of international
couples. They will also facilitate the recognition and enforcement of a
judgment given in one member state on property matters in another member state.
The regulation
on matrimonial property regimes was approved by 498 votes to 58, with 35
abstentions, and the regulation on property consequences of registered
partnerships was adopted by 490 votes to 68, with 34 abstentions.
The institutions
of marriage and partnership nonetheless remain matters that are defined by the
national laws of the member states. The regulations include a series of
safeguards to ensure respect for national legal systems. For example, nothing
obliges participating member states whose law does not recognise the
institution of a registered partnership either to provide for it, or to assume
jurisdiction for such partnerships.
Background
information
According to the
European Commission, there are an estimated 16 million international couples in
the EU.
The eighteen
member states participating in the enhanced cooperation are Belgium, Bulgaria,
Cyprus, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italia,
Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and
Sweden. Other member states are free to join at any time after its adoption.
Estonia, for example, has announced its intention to take part in the
cooperation after its adoption.
Procedure: Consultation
REF. :
20160622IPR33203
Updated: (23-06-2016 - 12:41)
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