Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | JURI | VERDE I ALDEA Josep (PSE) | |
Opinion | LIBE | D'ANCONA Hedy (PSE) |
Legal Basis RoP 050, Treaty on the European Union (after Amsterdam) M K.6-p2
Activites
- 1998/07/16 Final act published in Official Journal
- #2099
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1998/05/28
Council Meeting
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1998/05/28
End of procedure in Parliament
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1998/05/28
Act adopted by Council after consultation of Parliament
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1998/04/30
Decision by Parliament, 1st reading/single reading
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T4-0243/1998
summary
In adopting the report by Mr Josep VERDE I ALDEA (PSE, E), the European Parliament approved, with certain amendments, the draft Convention on jurisdiction, recognition and enforcement of judgements in matrimonial matters. It firstly recalled that it was essential to protect the fundamental interests of children, in conformity in particular with the Hague Convention of 1980 on the Civil Aspects of International Child Abduction. Parliament considered it important to guarantee respect for the principle of non-discrimination on grounds of nationality, and that compliance with this principle should be monitored by the Court of Justice. It excluded from the scope of the Convention proceedings relating to the status and legal capacity of natural persons, matrimonial property and financial obligations between the spouses or between the latter and their children. However, it considered that the Convention should apply to civil proceedings relating to divorce, legal separation and marriage annulment, irrespective of the nationality of the spouses. Parental responsibility included the right to custody of the children and visiting rights. The matters relating to parental responsibility included the exercise and the total or partial withdrawal of parental responsibility, as well as any measures adopted by the public authorities in relation to the minor concerned. When a Member State was required to recognize a divorce pursuant to the provisions of this Convention, it could not prohibit either of the spouses from contracting a new marriage on the grounds that the national law of a third country, of which the spouses were nationals, did not recognize that divorce. As regards languages, courts must show the requisite flexibility with regard to the translation of documents, and must deliver their judgments in the language prescribed by the Member State in which they sit.�
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T4-0243/1998
summary
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1998/04/29
Debate in Parliament
- 1998/04/16 Vote in committee, 1st reading/single reading
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1998/02/16
Committee referral announced in Parliament, 1st reading/single reading
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1997/12/11
Legislative proposal published
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13245/1997
summary
OBJECTIF : to establish a draft Convention on jurisdiction, recognition and enforcement of judgments in matrimonial matters (divorce, legal separation, marriage annulment and custody of children). CONTENT : The present draft Convention seeks to complement the Brussels Convention of 1968 on the recognition and enforcement of judgments in civil and commercial matters. Under the draft Convention, couples of mixed nationality must divorce in the Member State in which they reside and the divorce judgment must be recognised and accepted, with a minimum of formalities, throughout the European Union. The same shall apply to decisions on the custody of the children as well as to legal separation and marriage annulment. Spouses who are resident in a Member State other than their country of origin may opt for a hearing in the courts of their country of origin. The draft Convention also rules on conflicts of jurisdiction: the first jurisdiction referred to shall pronounce on competence in matrimonial matters, while the second shall in theory suspend its judgment. It is also proposed to restrict jurisdiction to the Court of Justice of the European Communities in matters of interpretation. The text provides a list of national jurisdictions which are open to European judges. Before it can come into force, the Convention must be ratified by the national Parliaments of the 15 Member States. The Convention includes certain derogations : - for Ireland, which has recently recognised divorce and which is to be granted a transitional period for application of the Convention; -for the United Kingdom, in order that the decisions taken by the British Courts in respect of "children of the family" (children born of a first marriage, for example) can be accepted in the Union from the moment that these children are living with one or other of their parents-in-law. �
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13245/1997
summary
Documents
- Legislative proposal published: 13245/1997
- Committee report tabled for plenary, 1st reading/single reading: A4-0131/1998
- Decision by Parliament, 1st reading/single reading: T4-0243/1998
- : Justice and Home Affairs act 1998/716
- : OJ C 221 16.07.1998, p. 0001-0001
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