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2016/0061(NLE) Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on property regimes of international couples, covering both matters of matrimonial property regimes and property consequences of registered partnerships

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI CAVADA Jean-Marie (icon: ALDE ALDE) VOSS Axel (icon: PPE PPE), GEBHARDT Evelyne (icon: S&D S&D), DZHAMBAZKI Angel (icon: ECR ECR), HAUTALA Heidi (icon: Verts/ALE Verts/ALE)
Committee Opinion FEMM
Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 329-p1

Events

2016/06/16
   Final act published in Official Journal
Details

PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/954 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

CONTENT: the Council Decision authorises enhanced cooperation between 18 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships: Belgium, Bulgaria, Czech Republic, Germany, Greece, Spain, France , Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden.

To recall, on 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

Given that it was concluded that it would not be possible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations, the 18 Member States requested enhanced cooperation.

Enhanced cooperation should:

provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States; ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility; facilitate the circulation of decisions and authentic instruments between the participating Member States.

Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments , and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws. It respects: (i) the Treaties and Union law in this area; (ii) the competences, rights and obligations of those Member States that do not participate in it; (iii) principles enshrined in the Charter of Fundamental Rights of the European Union.

Enhanced cooperation shall be open, at any time , to all Member States, in accordance with Article 328 TFEU.

ENTRY INTO FORCE: 9.6.2016.

Documents
Decision 2016/954
OJ L 159 16.06.2016, p. 0016
2016/06/10
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/06/10
   EP - End of procedure in Parliament
2016/06/10
   CSL - Council Meeting
2016/06/07
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/06/07
   EP - Decision by Parliament
Details

The European Parliament adopted by 550 votes to 68, with 36 abstentions, a legislative resolution on the draft Council decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

In line with the recommendation made by the Committee on Legal Affairs, Parliament gave its consent to the draft Council Decision.

The draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States (Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden) in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws.

Documents
T8-0241/2016
2016/05/30
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by Jean-Marie CAVADA (ADLE, FR) on the draft Council decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

The committee recommended the European Parliament to give its consent to the draft Council decision.

In a short justification accompanying the recommendation, it is recalled that the decision to have recourse to enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, has been taken since negotiations between all Member States, on the Commission’s initial proposals of 2011, reached stalemate.

In the area of family law, legislative acts are adopted by the Council acting unanimously after consulting the European Parliament. Parliament had given its consent in 2013 to the 2011 draft acts, but by the end of 2015 it became clear that it would not be possible for all Member States to agree to the proposals.

Enhanced cooperation was therefore clearly the ideal solution, since 23 Member States agreed in principle to the adoption of these two acts. In early 2016, the Commission therefore drew up, using the enhanced cooperation procedure, new proposals for acts.

According to members, enhanced cooperation in the in the area of the property regimes of international couples meets the conditions set out. It is clearly in accordance with the objectives of the Union and in the interest of its citizens.

This recommendation therefore proposed that Parliament consents to enhanced cooperation in this area.

Documents
A8-0192/2016
2016/05/25
   EP - Committee referral announced in Parliament
2016/05/24
   IT_SENATE - Contribution
Documents
COM(2016)0108
2016/05/24
   EP - Vote in committee
2016/05/12
   FR_ASSEMBLY - Contribution
Documents
COM(2016)0108
2016/05/12
   CSL - Debate in Council
Documents
3462
2016/05/12
   CSL - Council Meeting
2016/04/28
   CSL - Legislative proposal
Details

PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: on 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

Given that it was impossible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations, 18 Member States indicated that they wished to establish enhanced cooperation : Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden.

CONTENT: the draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws.

Enhanced cooperation should provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States, ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility, and facilitate the circulation of decisions and authentic instruments between the participating Member States.

For further details, please refer to the summary of the Commission’s initial legislative proposal from 2.3.2016.

Documents
08112/2016
2016/04/27
   EC - Legislative proposal published
Details

PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: on 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

Given that it was impossible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations, 18 Member States indicated that they wished to establish enhanced cooperation : Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden.

CONTENT: the draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws.

Enhanced cooperation should provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States, ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility, and facilitate the circulation of decisions and authentic instruments between the participating Member States.

For further details, please refer to the summary of the Commission’s initial legislative proposal from 2.3.2016.

Documents
08112/2016
2016/03/29
   EP - Committee draft report
Documents
PE580.491
2016/03/15
   EP - CAVADA Jean-Marie (ALDE) appointed as rapporteur in JURI
2016/03/02
   EP - Preparatory document
Details

PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. Currently citizens face different practical problems with asset planning when they are in an international marriage or partnership. The problem is that it is very difficult for people to know which courts have jurisdiction and which laws are applicable to their personal situation and the situation of their property. As a result, they face unintended, and disadvantageous, consequences not only in the daily management of their assets but also when the couple separates or a member of the couple dies.

On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

The European Parliament delivered its favourable opinion and comments on the two proposals on 10 September 2013.

However, the Council concluded at its meeting of 3 December 2015 that it would not be possible to reach an EU-wide agreement in relation to both regulations within a reasonable period of time.

To date, the Commission has received requests from 17 Member States indicating their wish to establish enhanced cooperation : Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria and Finland.

The Commission concluded that all the legal conditions set by the Treaties for the authorisation of the establishment of enhanced cooperation are fulfilled. It considered that the benefits of establishing enhanced cooperation are numerous compared to the option of keeping the status quo and that the advantages of establishing enhanced cooperation in this area outweigh any possible disadvantage.

CONTENT: the draft Council Decision – based on Article 329(1), of the Treaty on the Functioning of the European Union (TFEU) – seeks to authorise enhanced cooperation between 17 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

Proposals for specific measures implementing the enhanced cooperation are submitted together with this proposal.

According to the Commission, enhanced cooperation would bring citizens the following benefits:

treating the property regimes of couples coherently under a single applicable law and by one single authority; enabling international couples to choose the law to be applied to their property; increasing legal certainty for international couples by applying - as a general rule - the law of the State with which the couple has the closest connection; enabling citizens to have various procedures handled by the same court and thereby avoid parallel proceedings and conflicting judicial decisions; improving predictability for international couples by simplifying procedures for the recognition and enforcement of decisions and the circulation of authentic instruments throughout the EU.

Enhanced cooperation shall be open at any time to all Member States, in accordance with Article 328 of the TFEU.

Documents
COM(2016)0108
EUR-Lex

Documents

Activities

Votes

A8-0192/2016 - Jean-Marie Cavada - approbation #

2016/06/07 Outcome: +: 550, -: 68, 0: 36
DE IT ES FR RO PT CZ AT BE BG HU NL GB SE EL DK LT IE FI HR SI LU EE MT SK CY LV PL
Total
90
62
44
69
26
20
20
18
17
17
17
24
50
18
18
13
9
9
11
11
8
6
6
6
11
5
6
43
icon: PPE PPE
189

Germany PPE

33

Italy PPE

12

Spain PPE

11

France PPE

19

Romania PPE

11

Portugal PPE

6

Czechia PPE

7

Austria PPE

5

Belgium PPE

3

Bulgaria PPE

7

Hungary PPE

9

Netherlands PPE

5

Sweden PPE

4

Greece PPE

3

Denmark PPE

For (1)

Bendt BENDTSEN
1

Lithuania PPE

2

Ireland PPE

4

Finland PPE

2

Croatia PPE

5

Slovenia PPE

5

Luxembourg PPE

3

Estonia PPE

For (1)

Tunne KELAM
1

Malta PPE

3

Slovakia PPE

5

Cyprus PPE

1

Latvia PPE

4

Poland PPE

18
icon: S&D S&D
172

Germany S&D

24

Italy S&D

27

Spain S&D

11

France S&D

13

Romania S&D

12

Portugal S&D

8

Czechia S&D

4

Austria S&D

5

Belgium S&D

4

Bulgaria S&D

4

Hungary S&D

4

Netherlands S&D

3

United Kingdom S&D

19

Sweden S&D

4

Greece S&D

3

Denmark S&D

3

Lithuania S&D

2

Ireland S&D

For (1)

Nessa CHILDERS
1

Finland S&D

1

Croatia S&D

2

Slovenia S&D

For (1)

Tanja FAJON
1

Luxembourg S&D

For (1)

Mady DELVAUX
1

Estonia S&D

For (1)

Marju LAURISTIN
1

Malta S&D

3

Slovakia S&D

4

Cyprus S&D

2

Latvia S&D

1

Poland S&D

5
icon: ALDE ALDE
65

Germany ALDE

4

Spain ALDE

8

France ALDE

7

Romania ALDE

For (1)

Norica NICOLAI

Abstain (1)

Mircea DIACONU
2

Portugal ALDE

2

Czechia ALDE

4

Austria ALDE

For (1)

Angelika MLINAR
1

Belgium ALDE

4

Bulgaria ALDE

4

Netherlands ALDE

7

United Kingdom ALDE

1

Sweden ALDE

3

Denmark ALDE

3

Lithuania ALDE

3

Ireland ALDE

For (1)

Marian HARKIN
1

Finland ALDE

4

Croatia ALDE

2

Slovenia ALDE

For (1)

Ivo VAJGL
1

Luxembourg ALDE

For (1)

Charles GOERENS
1

Estonia ALDE

3
icon: GUE/NGL GUE/NGL
46

Germany GUE/NGL

7

Italy GUE/NGL

3

Spain GUE/NGL

10

France GUE/NGL

3

Portugal GUE/NGL

4

Czechia GUE/NGL

2

Netherlands GUE/NGL

2

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

Malin BJÖRK
1

Greece GUE/NGL

6

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Ireland GUE/NGL

3

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
45

Germany Verts/ALE

12

Spain Verts/ALE

4

France Verts/ALE

4

Austria Verts/ALE

3

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Netherlands Verts/ALE

2

United Kingdom Verts/ALE

5

Sweden Verts/ALE

4

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Finland Verts/ALE

For (1)

Heidi HAUTALA
1

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Estonia Verts/ALE

For (1)

Indrek TARAND
1
icon: EFDD EFDD
32

Germany EFDD

Against (1)

Beatrix von STORCH
1

Italy EFDD

14

France EFDD

1

Czechia EFDD

Abstain (1)

Petr MACH
1

United Kingdom EFDD

11

Sweden EFDD

2

Lithuania EFDD

For (1)

Rolandas PAKSAS
1

Poland EFDD

1
icon: NI NI
14

Germany NI

2

France NI

Abstain (1)

Aymeric CHAUPRADE
3

Hungary NI

2

United Kingdom NI

Abstain (1)

Diane DODDS
1

Greece NI

5

Poland NI

Against (1)

Janusz KORWIN-MIKKE
1
icon: ECR ECR
55

Germany ECR

6

Italy ECR

2

Czechia ECR

2

Belgium ECR

3

Bulgaria ECR

2

Netherlands ECR

2

United Kingdom ECR

11

Greece ECR

Abstain (1)

Notis MARIAS
1

Denmark ECR

4

Finland ECR

2

Croatia ECR

Against (1)

Ruža TOMAŠIĆ
1

Slovakia ECR

For (1)

Richard SULÍK

Against (1)

Branislav ŠKRIPEK
2

Latvia ECR

Against (1)

Roberts ZĪLE
1

Poland ECR

16
icon: ENF ENF
36

Germany ENF

Abstain (1)

Marcus PRETZELL
1

Italy ENF

4

France ENF

Abstain (1)

Marine LE PEN
19

Romania ENF

Against (1)

Laurenţiu REBEGA
1

Austria ENF

4

Belgium ENF

Abstain (1)

Gerolf ANNEMANS
1

Netherlands ENF

3

United Kingdom ENF

Against (1)

Janice ATKINSON
1

Poland ENF

2

History

(these mark the time of scraping, not the official date of the change)

2023-08-03Show (6) Changes | Timetravel
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date
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2021-12-18Show (8) Changes | Timetravel
docs/0/docs/0/url
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events/3/type
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summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
2020-01-19Show (6) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
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committee_full
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committee
JURI
rapporteur
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shadows
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rapporteur
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2019-07-06Show (17) Changes | Timetravel
activities
  • date: 2016-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0108/COM_COM(2016)0108_EN.pdf title: COM(2016)0108 type: Initial legislative proposal published celexid: CELEX:52016PC0108:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: JOUROVÁ Věra type: Initial legislative proposal published
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  • date: 2016-05-12T00:00:00 body: CSL type: Council Meeting council: Foreign Affairs meeting_id: 3462
  • date: 2016-05-12T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2016-05-24T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Women’s Rights and Gender Equality committee: FEMM body: EP shadows: group: EPP name: VOSS Axel group: S&D name: GEBHARDT Evelyne group: ECR name: DZHAMBAZKI Angel group: Verts/ALE name: HAUTALA Heidi responsible: True committee: JURI date: 2016-03-15T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: CAVADA Jean-Marie body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3473 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3473*&MEET_DATE=10/06/2016 date: 2016-06-10T00:00:00
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  • date: 2016-05-13T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0108 title: COM(2016)0108 type: Contribution body: FR_ASSEMBLY
  • date: 2016-05-25T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0108 title: COM(2016)0108 type: Contribution body: IT_SENATE
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  • date: 2016-03-02T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0108/COM_COM(2016)0108_EN.pdf title: COM(2016)0108 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0108 title: EUR-Lex summary: PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. Currently citizens face different practical problems with asset planning when they are in an international marriage or partnership. The problem is that it is very difficult for people to know which courts have jurisdiction and which laws are applicable to their personal situation and the situation of their property. As a result, they face unintended, and disadvantageous, consequences not only in the daily management of their assets but also when the couple separates or a member of the couple dies. On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships. The European Parliament delivered its favourable opinion and comments on the two proposals on 10 September 2013. However, the Council concluded at its meeting of 3 December 2015 that it would not be possible to reach an EU-wide agreement in relation to both regulations within a reasonable period of time. To date, the Commission has received requests from 17 Member States indicating their wish to establish enhanced cooperation : Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria and Finland. The Commission concluded that all the legal conditions set by the Treaties for the authorisation of the establishment of enhanced cooperation are fulfilled. It considered that the benefits of establishing enhanced cooperation are numerous compared to the option of keeping the status quo and that the advantages of establishing enhanced cooperation in this area outweigh any possible disadvantage. CONTENT: the draft Council Decision – based on Article 329(1), of the Treaty on the Functioning of the European Union (TFEU) – seeks to authorise enhanced cooperation between 17 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. Proposals for specific measures implementing the enhanced cooperation are submitted together with this proposal. According to the Commission, enhanced cooperation would bring citizens the following benefits: treating the property regimes of couples coherently under a single applicable law and by one single authority; enabling international couples to choose the law to be applied to their property; increasing legal certainty for international couples by applying - as a general rule - the law of the State with which the couple has the closest connection; enabling citizens to have various procedures handled by the same court and thereby avoid parallel proceedings and conflicting judicial decisions; improving predictability for international couples by simplifying procedures for the recognition and enforcement of decisions and the circulation of authentic instruments throughout the EU. Enhanced cooperation shall be open at any time to all Member States, in accordance with Article 328 of the TFEU.
  • date: 2016-04-28T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8112%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 08112/2016 summary: PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: on 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships. Given that it was impossible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations, 18 Member States indicated that they wished to establish enhanced cooperation : Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden. CONTENT: the draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws. Enhanced cooperation should provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States, ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility, and facilitate the circulation of decisions and authentic instruments between the participating Member States. For further details, please refer to the summary of the Commission’s initial legislative proposal from 2.3.2016.
  • date: 2016-05-12T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3462*&MEET_DATE=12/05/2016 title: 3462
  • date: 2016-05-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-05-25T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-05-30T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0192&language=EN title: A8-0192/2016 summary: The Committee on Legal Affairs adopted the report by Jean-Marie CAVADA (ADLE, FR) on the draft Council decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. The committee recommended the European Parliament to give its consent to the draft Council decision. In a short justification accompanying the recommendation, it is recalled that the decision to have recourse to enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, has been taken since negotiations between all Member States, on the Commission’s initial proposals of 2011, reached stalemate. In the area of family law, legislative acts are adopted by the Council acting unanimously after consulting the European Parliament. Parliament had given its consent in 2013 to the 2011 draft acts, but by the end of 2015 it became clear that it would not be possible for all Member States to agree to the proposals. Enhanced cooperation was therefore clearly the ideal solution, since 23 Member States agreed in principle to the adoption of these two acts. In early 2016, the Commission therefore drew up, using the enhanced cooperation procedure, new proposals for acts. According to members, enhanced cooperation in the in the area of the property regimes of international couples meets the conditions set out. It is clearly in accordance with the objectives of the Union and in the interest of its citizens. This recommendation therefore proposed that Parliament consents to enhanced cooperation in this area.
  • date: 2016-06-07T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27291&l=en title: Results of vote in Parliament
  • date: 2016-06-07T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0241 title: T8-0241/2016 summary: The European Parliament adopted by 550 votes to 68, with 36 abstentions, a legislative resolution on the draft Council decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. In line with the recommendation made by the Committee on Legal Affairs, Parliament gave its consent to the draft Council Decision. The draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States (Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden) in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws.
  • date: 2016-06-10T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-06-10T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-06-16T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. NON-LEGISLATIVE ACT: Council Decision (EU) 2016/954 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships. CONTENT: the Council Decision authorises enhanced cooperation between 18 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships: Belgium, Bulgaria, Czech Republic, Germany, Greece, Spain, France , Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden. To recall, on 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships. Given that it was concluded that it would not be possible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations, the 18 Member States requested enhanced cooperation. Enhanced cooperation should: provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States; ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility; facilitate the circulation of decisions and authentic instruments between the participating Member States. Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments , and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws. It respects: (i) the Treaties and Union law in this area; (ii) the competences, rights and obligations of those Member States that do not participate in it; (iii) principles enshrined in the Charter of Fundamental Rights of the European Union. Enhanced cooperation shall be open, at any time , to all Member States, in accordance with Article 328 TFEU. ENTRY INTO FORCE: 9.6.2016. docs: title: Decision 2016/954 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D0954 title: OJ L 159 16.06.2016, p. 0016 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:159:TOC
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2016-06-19Show (3) Changes | Timetravel
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  • The Committee on Legal Affairs adopted the report by Jean-Marie CAVADA (ADLE, FR) on the draft Council decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    The committee recommended the European Parliament to give its consent to the draft Council decision.

    In a short justification accompanying the recommendation, it is recalled that the decision to have recourse to enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, has been taken since negotiations between all Member States, on the Commission’s initial proposals of 2011, reached stalemate.

    In the area of family law, legislative acts are adopted by the Council acting unanimously after consulting the European Parliament. Parliament had given its consent in 2013 to the 2011 draft acts, but by the end of 2015 it became clear that it would not be possible for all Member States to agree to the proposals.

    Enhanced cooperation was therefore clearly the ideal solution, since 23 Member States agreed in principle to the adoption of these two acts. In early 2016, the Commission therefore drew up, using the enhanced cooperation procedure, new proposals for acts.

    According to members, enhanced cooperation in the in the area of the property regimes of international couples meets the conditions set out. It is clearly in accordance with the objectives of the Union and in the interest of its citizens.

    This recommendation therefore proposed that Parliament consents to enhanced cooperation in this area.
activities/7/docs/0/text

  • The European Parliament adopted by 550 votes to 68, with 36 abstentions, a legislative resolution on the draft Council decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    In line with the recommendation made by the Committee on Legal Affairs, Parliament gave its consent to the draft Council Decision.

    The draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States (Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden) in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws.
2016-06-14Show (4) Changes | Timetravel
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2016-05-31Show (1) Changes | Timetravel
activities/1/docs/0/text

  • PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: on 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

    Given that it was impossible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations, 18 Member States indicated that they wished to establish enhanced cooperation: Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland and Sweden.

    CONTENT: the draft Council Decision seeks to authorise enhanced cooperation between 18 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    Enhanced cooperation aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws.

    Enhanced cooperation should provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States, ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility, and facilitate the circulation of decisions and authentic instruments between the participating Member States.

    For further details, please refer to the summary of the Commission’s initial legislative proposal from 2.3.2016.
2016-05-28Show (2) Changes | Timetravel
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2016-05-26Show (2) Changes | Timetravel
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2016-05-24Show (1) Changes | Timetravel
activities/0/docs/0/text

  • PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. Currently citizens face different practical problems with asset planning when they are in an international marriage or partnership. The problem is that it is very difficult for people to know which courts have jurisdiction and which laws are applicable to their personal situation and the situation of their property. As a result, they face unintended, and disadvantageous, consequences not only in the daily management of their assets but also when the couple separates or a member of the couple dies.

    On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

    The European Parliament delivered its favourable opinion and comments on the two proposals on 10 September 2013.

    However, the Council concluded at its meeting of 3 December 2015 that it would not be possible to reach an EU-wide agreement in relation to both regulations within a reasonable period of time.

    To date, the Commission has received requests from 17 Member States indicating their wish to establish enhanced cooperation: Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria and Finland.

    The Commission concluded that all the legal conditions set by the Treaties for the authorisation of the establishment of enhanced cooperation are fulfilled. It considered that the benefits of establishing enhanced cooperation are numerous compared to the option of keeping the status quo and that the advantages of establishing enhanced cooperation in this area outweigh any possible disadvantage.

    CONTENT: the draft Council Decision – based on Article 329(1), of the Treaty on the Functioning of the European Union (TFEU) – seeks to authorise enhanced cooperation between 17 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    Proposals for specific measures implementing the enhanced cooperation are submitted together with this proposal.

    According to the Commission, enhanced cooperation would bring citizens the following benefits:

    • treating the property regimes of couples coherently under a single applicable law and by one single authority;
    • enabling international couples to choose the law to be applied to their property;
    • increasing legal certainty for international couples by applying - as a general rule - the law of the State with which the couple has the closest connection;
    • enabling citizens to have various procedures handled by the same court and thereby avoid parallel proceedings and conflicting judicial decisions;
    • improving predictability for international couples by simplifying procedures for the recognition and enforcement of decisions and the circulation of authentic instruments throughout the EU.

    Enhanced cooperation shall be open at any time to all Member States, in accordance with Article 328 of the TFEU.

2016-05-21Show (2) Changes | Timetravel
committees/1/shadows/0
group
EPP
name
VOSS Axel
committees/1/shadows/3
group
Verts/ALE
name
HAUTALA Heidi
2016-05-18Show (4) Changes | Timetravel
activities/0/docs/0/text

  • PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. Currently citizens face different practical problems with asset planning when they are in an international marriage or partnership. The problem is that it is very difficult for people to know which courts have jurisdiction and which laws are applicable to their personal situation and the situation of their property. As a result, they face unintended, and disadvantageous, consequences not only in the daily management of their assets but also when the couple separates or a member of the couple dies.

    On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

    The European Parliament delivered its favourable opinion and comments on the two proposals on 10 September 2013.

    However, the Council concluded at its meeting of 3 December 2015 that it would not be possible to reach an EU-wide agreement in relation to both regulations within a reasonable period of time.

    To date, the Commission has received requests from 17 Member States indicating their wish to establish enhanced cooperation: Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria and Finland.

    The Commission concluded that all the legal conditions set by the Treaties for the authorisation of the establishment of enhanced cooperation are fulfilled. It considered that the benefits of establishing enhanced cooperation are numerous compared to the option of keeping the status quo and that the advantages of establishing enhanced cooperation in this area outweigh any possible disadvantage.

    CONTENT: the draft Council Decision – based on Article 329(1), of the Treaty on the Functioning of the European Union (TFEU) – seeks to authorise enhanced cooperation between 17 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    Proposals for specific measures implementing the enhanced cooperation are submitted together with this proposal.

    According to the Commission, enhanced cooperation would bring citizens the following benefits:

    • treating the property regimes of couples coherently under a single applicable law and by one single authority;
    • enabling international couples to choose the law to be applied to their property;
    • increasing legal certainty for international couples by applying - as a general rule - the law of the State with which the couple has the closest connection;
    • enabling citizens to have various procedures handled by the same court and thereby avoid parallel proceedings and conflicting judicial decisions;
    • improving predictability for international couples by simplifying procedures for the recognition and enforcement of decisions and the circulation of authentic instruments throughout the EU.

    Enhanced cooperation shall be open at any time to all Member States, in accordance with Article 328 of the TFEU.
activities/0/docs/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/1
date
2016-04-28T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8112%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 08112/2016
body
EC
commission
DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: JOUROVÁ Věra
type
Legislative proposal published
2016-05-14Show (2) Changes | Timetravel
activities/1
date
2016-05-12T00:00:00
body
CSL
type
Council Meeting
council
Foreign Affairs
meeting_id
3462
activities/2
date
2016-05-12T00:00:00
body
EP/CSL
type
Act adopted by Council after consultation of Parliament
2016-04-22Show (1) Changes | Timetravel
activities/1
date
2016-06-09T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
2016-04-16Show (1) Changes | Timetravel
committees/1/shadows/0
group
S&D
name
GEBHARDT Evelyne
2016-04-09Show (1) Changes | Timetravel
committees/1/shadows
  • group: ECR name: DZHAMBAZKI Angel
2016-03-30Show (1) Changes | Timetravel
activities/0/docs/0/text

  • PURPOSE: to authorise enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. Currently citizens face different practical problems with asset planning when they are in an international marriage or partnership. The problem is that it is very difficult for people to know which courts have jurisdiction and which laws are applicable to their personal situation and the situation of their property. As a result, they face unintended, and disadvantageous, consequences not only in the daily management of their assets but also when the couple separates or a member of the couple dies.

    On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

    The European Parliament delivered its favourable opinion and comments on the two proposals on 10 September 2013.

    However, the Council concluded at its meeting of 3 December 2015 that it would not be possible to reach an EU-wide agreement in relation to both regulations within a reasonable period of time.

    To date, the Commission has received requests from 17 Member States indicating their wish to establish enhanced cooperation: Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria and Finland.

    The Commission concluded that all the legal conditions set by the Treaties for the authorisation of the establishment of enhanced cooperation are fulfilled. It considered that the benefits of establishing enhanced cooperation are numerous compared to the option of keeping the status quo and that the advantages of establishing enhanced cooperation in this area outweigh any possible disadvantage.

    CONTENT: the draft Council Decision – based on Article 329(1), of the Treaty on the Functioning of the European Union (TFEU) – seeks to authorise enhanced cooperation between 17 requesting Member States in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

    Proposals for specific measures implementing the enhanced cooperation are submitted together with this proposal.

    According to the Commission, enhanced cooperation would bring citizens the following benefits:

    • treating the property regimes of couples coherently under a single applicable law and by one single authority;
    • enabling international couples to choose the law to be applied to their property;
    • increasing legal certainty for international couples by applying - as a general rule - the law of the State with which the couple has the closest connection;
    • enabling citizens to have various procedures handled by the same court and thereby avoid parallel proceedings and conflicting judicial decisions;
    • improving predictability for international couples by simplifying procedures for the recognition and enforcement of decisions and the circulation of authentic instruments throughout the EU.

    Enhanced cooperation shall be open at any time to all Member States, in accordance with Article 328 of the TFEU.
2016-03-23Show (2) Changes | Timetravel
committees/1/date
2016-03-15T00:00:00
committees/1/rapporteur
  • group: ALDE name: CAVADA Jean-Marie
2016-03-16Show (5) Changes
activities
  • date: 2016-03-02T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0108/COM_COM(2016)0108_EN.pdf title: COM(2016)0108 type: Legislative proposal published celexid: CELEX:52016PC0108:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: JOUROVÁ Věra type: Legislative proposal published
committees
  • body: EP responsible: False committee_full: Women’s Rights and Gender Equality committee: FEMM
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: JOUROVÁ Věra
procedure
reference
2016/0061(NLE)
title
Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on property regimes of international couples, covering both matters of matrimonial property regimes and property consequences of registered partnerships
legal_basis
Treaty on the Functioning of the EU TFEU 329-p1
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject
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