Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | JURI | LEHNE Klaus-Heiner (PPE-DE) | |
Lead | LIBE | GEBHARDT Evelyne (PSE) |
Legal Basis EC Treaty (after Amsterdam) EC 067, RoP 050
Activites
- 2000/06/30 Final act published in Official Journal
- #2266
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2000/05/29
Council Meeting
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2000/05/29
End of procedure in Parliament
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2000/05/29
Act adopted by Council after consultation of Parliament
- #2251
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2000/03/27
Council Meeting
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2000/03/17
Modified legislative proposal published
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COM(2000)0151
summary
The amended proposal reflects the Parliament's opinion, taking over most of the amendments. It also incorporates changes linked to developments since the original proposal was adopted. It also incorporates certain amendments agreed in the Council to which the Commission can also agree. The Commission accepts in total amendments 1, 3 to 8, 14 to 18 and 20 proposed by the Parliament and incorporates them purely and simply in its proposal. Thes amendmetns relate to: - the Nordic Agreement of 1931 which is amended to take account of amendment No 1 relating to compliance with the principle of non-discrimination; - the German version of recital 5 to the proposal for a Regulation is amended in response to amendment No 3; - recital 10 is amended in response to amendment No 4. The Commission shares in Parliament's view that the concept of parental respônsibility must be given autonomous interpretation; - recital 20 relating to the power of the Council to amend the annexes is deleted, in response to amendment No 5. It will be for the Commission to amend the annexes; - recital 22 is amended and a new recital 23 is inserted in response to Parliament's amendments Nos 6 and 7. Recital 22 has been reworded as the United Kingdom and Ireland have declared their intention of participating in the adoption of this Regulation; - a new paragraph 4 is added to Article 11 in response to amendment No 8. It determines the date when a court is deemed to be seised for the purpose of the lis pendens rules. The provision corresponds to the one in the proposal for a Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters; - a new paragraph is added to Article 17 in response to amendment No 13, which seeks to promote the free movement of persons; - Articles 21 and 26 are amended in response to amendments Nos 14 to 18. The list of courts and redress procedures in these Articles are now in Annexes I to III; - Article 43 is amended in response to amendment No 20. There is no reason why the annexes should be amended by Council Decision as there are no more than a reference to purely national provisions. The new paragraph 1 accordingly provides that the annexes will be adapted by the Commission. In addition, the Commission accepts in part the amendments relating to: - the inclusion of the reference to the Hague Convention of 1980 on the civil aspects of international child abduction; - the insertion of a new paragraph which clarifies the scope in time of provisional, including protective measures; - the replacing of the words "in sufficient time" are replaced by "in sufficient time and in such a way as". The amendments rejected by the Commission relate to: - amendment 11, taking the child's best interests into account would presuppose an examination of the judgement given on the merits, and the Regulation prohibits this; - amendment 12 as it would have the effect of given priviledged status to mechanical enforcement of a possibly old judgement rather more than recent judgement given by anothercourt also having jurisdiction by reason of a change in the child's personal situation; - amendment 19 would introduce a translation rule that would be out of place in an instrument on jurisdiction and the recognition of judgements.�
- DG [{'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}],
-
COM(2000)0151
summary
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1999/11/17
Decision by Parliament, 1st reading/single reading
-
T5-0105/1999
summary
In adopting the report drafted by Ms. Evelyne GEBHARDT (PES, D), the European Parliament approved the Commission's proposal subject to a number of amendments. The Parliament also wants automatic recognition should also be valid for nationals of third countries residing legally in the European Union. Where a Member State is required to recognise a divorce, it may not prohibit either of the spouses from remarrying on the grounds that the national law of a third country of which the spouses are nationals does not recognise that divorce. The Parliament considers that the Regulation should be binding on the United Kingdom and Ireland and applicable in their regard. On the other hand, the Regulation would not be binding on Denmark. The Parliament also considers that the protection of children should be strengthened so as to enable their best interests to be taken into account. Other amendments seek to clarify the question of knowing when a court is deemed to be seised. In addition, the definition of 'parental responsibility' should no longer be up to the Member States because this can give rise to discrepancies in interpretation. The Parliament does not want the courts having jurisdiction and the appeal procedures to appear in the body of the Regulation and considers that they should be contained in the annexes. This is in order to avoid that legislative acts are necessary each time that it is necessary to add what are purely technical amendments.�
-
T5-0105/1999
summary
- 1999/11/16 Debate in Parliament
- 1999/11/09 Vote in committee, 1st reading/single reading
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1999/07/23
Committee referral announced in Parliament, 1st reading/single reading
- #2184
- 1999/05/27 Council Meeting
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1999/05/04
Legislative proposal published
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COM(1999)0220
summary
PURPOSE: the improvement of the recognition of judgments in relation to the dissolution of the marriage link and in matters of parental responsibility for joint children, with a view to ensuring the sound operation of the internal market. CONTENT: the proposal for a Regulation falls within the ambit of the new provisions of the Amsterdam Treaty concerning judicial co-operation in civil matters (Arts. 61 and 65 of the EC Treaty). It seeks to uniformise the rules of private international law in the Member States relating to jurisdiction and to improve the recognition and enforcement of judgments in relation to the dissolution of the marriage link and parental responsibility for joint children. The proposed Regulation incorporates most of the content of the 28 May 1968 Convention on jurisdiction and the recognition and enforcement of judgments in matrimonial matters (known as 'Brussels Convention II'), while ensuring continuity in the results of the negotiations. Because the Convention was not ratified by the Member States before the Amsterdam Treaty entered into force, its provisions are not applicable. Like the Convention that it seeks to replace, the proposed Regulation fills a gap in the application of the 1968 Brussels Convention, Article 1 of which expressly excludes matters relating to the law of persons. The Regulation seeks to: - introduce uniform modern standards for jurisdiction on annulment, divorce and separation and to facilitate the rapid and automatic recognition among Member States of judgments on such matters given in the Member States; - lay down rules of jurisdiction concerning parental responsibility over the children of both spouses on the occasion of such proceedings and therefore simplify the formalities governing the rapid and automatic recognition and enforcement of the relevant judgments. The grounds for determining the jurisdiction of a State·s courts to rule on matrimonial matters coming within the scope of the regulation are based on the principle that there is a genuine connection between the person and a Member State : jurisdiction lies with the courts of the Member State in whose territory one of the spouses is resident or in that of the nationality of the two spouses. The courts of a Member State shall have jurisdiction in a matter relating to parental responsibility over a child of both spouses where the child is habitually resident in that Member State. In the event of the abduction of a child by one of the spouses, the lawful habitual residence is safeguarded as the ground of jurisdiction where, as a result of wrongful removal or retention, there has in fact been a change in habitual residence. The Regulation does not affect issues such as, for example, fault of the spouses, property consequences of the marriage, the maintenance obligation or other possible accessory measures. It should be noted that the rules governing jurisdiction are direct; in other words, the rules must be respected by the court of origin in front of which an action that falls within the scope of the Regulation is brought. Such provisions do not, however,affect the distribution of territorial jurisdiction within each State or the situations of States the legal systems of which have not been unified. Lastly, the proposed Regulation, like the Convention it seeks to replace, allows for specific schemes.�
- DG [{'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}],
-
COM(1999)0220
summary
Documents
- Legislative proposal published: COM(1999)0220
- Debate in Council: 2184
- Committee report tabled for plenary, 1st reading/single reading: A5-0057/1999
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T5-0105/1999
- Modified legislative proposal published: COM(2000)0151
- : Regulation 2000/1347
- : OJ L 160 30.06.2000, p. 0019
History
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