6 Amendments of Marc TARABELLA related to 2010/0067(CNS)
Amendment 6 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Pursuant to Article 8 of the Treaty on the Functioning of the European Union, in all its activities the Union is to aim to eliminate inequalities, and to promote equality, between men and women.
Amendment 8 #
Proposal for a regulation
Recital 16
Recital 16
(16) The informed choice of the two spouses is a basic principle of this Regulation. Each spouse should know exactly what are the legal and social implications of the choice of applicable law. The possibility of choosing the applicable law by common agreement should be without prejudice to the rights of, and equal opportunities for, the two spouses. Hence judges in the Member States should be aware of the importance of an informed choice on the part of the two spouses concerning the legal implications of the choice-of-law agreement concluded. When the choice-of- law agreement is authenticated, each of the spouses must be informed individually of the legal consequences of the choice of applicable law on his or her personal situation. National provisions whereby each of the spouses may be granted legal aid should be applied accordingly.
Amendment 11 #
Proposal for a regulation
Recital 20
Recital 20
(20) In certain situations, such as wWhere the applicable law makes no provision for divorce or for legal separation or where it does not grant one of the spouses equal access and equal treatment relating to divorce or legal separation on grounds of their sex, the law of the court seised should nevertheless apply.
Amendment 13 #
Proposal for a regulation
Recital 21
Recital 21
(21) Considerations of public interest should allow courts in the Member States the opportunity in exceptional circumstances to disregard the application of foreign law in a given case where it would be manifestly 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 when to do so would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination, and Article 23 thereof, which requires equality between men and women to be ensured in all areas.
Amendment 15 #
Proposal for a regulation
Article 5
Article 5
Where the law applicable pursuant to Article 3 or Article 4 makes no provision for divorce or for legal separation or does not grant one of the spouses equal access or equal treatment relating to divorce or legal separation on grounds of their sex, the lex fori shall apply.
Amendment 16 #
Proposal for a regulation
Article 7
Article 7
Application of a provision of the law designated by virtue of this Regulation may be refused only if such application is manifestly incompatible with 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 when to do so would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination, and Article 23 thereof, which requires equality between men and women to be ensured in all areas.