6 Amendments of Paolo BARTOLOZZI related to 2009/0157(COD)
Amendment 122 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty establishon the Functioning of the European CommunityUnion, and in particular Article 681(c) and the second indent of Article 67(53) thereof,
Amendment 141 #
Proposal for a regulation
Recital 24
Recital 24
(24) Considerations of public interest shouldmust allow courts in the Member States the opportunity in exceptional circumstances to disregard the application of foreign law in a given case where this would be contrary to the public policy of the forum. However, the courts should not be able to apply the public-policy exception in order to disregard the law of another Member State or to refuse to recognise or enforce a decision, an authentic instrument, a legal transaction or a European Certificate of Succession drawn up in another Member State when this would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21, which prohibits all forms of discrimination.
Amendment 146 #
Proposal for a regulation
Recital 34
Recital 34
(34) This Regulation respects the fundamental rights and observes the principles recognisenshrined in the Charter of Fundamental Rights of the European Union, in particular Article 21 thereof which states that any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. This Regulation must be applied by the courts of the Member States in observance of these rights and principles.
Amendment 220 #
Proposal for a regulation
Article 27 – paragraph 2 bis (new)
Article 27 – paragraph 2 bis (new)
2a. No provision of this Regulation shall oblige the courts of a Member State to issue a decision relating to succession in respect of a surviving spouse by virtue of the application of this Regulation where there are no such requirements under that State's national marriage and family laws.
Amendment 221 #
Proposal for a regulation
Article 30 – paragraph 1 bis (new)
Article 30 – paragraph 1 bis (new)
No provision of this Regulation shall oblige the courts of a Member State, where there are no such requirements under that State's national marriage and family laws, to recognise, by virtue of the application of this Regulation, a succession-related decision issued in another Member State concerning a surviving spouse.
Amendment 241 #
Proposal for a regulation
Article 42 – paragraph 5 bis (new)
Article 42 – paragraph 5 bis (new)