Local view for "http://purl.org/linkedpolitics/eu/plenary/1999-11-16-Speech-2-128"
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"en.19991116.7.2-128"2
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"The construction of Europe has for too long ignored private law, and the Citizens' Europe, which we represent, must, as we said last night on the occasion of the tenth anniversary of the International Convention, henceforth take into consideration the real concerns of families and the welfare of children. We all have a recollection of a number of cases, such as the Lancelin-Thiemann case which last year contaminated discussions between Germany and France on the subject of the dramatic situation of the children of this couple.
The Gebhardt report rightly stresses that the increasing level of free movement within the European Union is causing and will in future cause an increasing number of marriages between nationals of different countries, hence the interest of examining this question. Current European law has not managed to draw the conclusions of this development, thus placing couples, and more particularly children, in a very complex position.
The regulation submitted for our opinion today is therefore particularly welcome in so far as it includes unquestionable advantages in relation to the so-called Brussels II Convention, signed in 1998, but not as yet ratified. If it is unanimously adopted in Council, this regulation may come into force very soon and shall be applied immediately and harmoniously throughout the European Union, thus enabling long drawn out wrangling over jurisdiction, which is harmful to everyone, to be prevented. I would add that this proposal for a regulation specifically targets legal judgements relating to parental responsibility for joint children, corresponding to the requests made on several occasions by this House. But, like other Members, I am concerned by two amendments, Amendment No 2 and Amendment No 5, which is going to attribute a number of responsibilities relating to parental authority to the Court of Justice. I am afraid that this is not a matter for its jurisdiction and, moreover, that this may increase the caseload of this Court. In my opinion, we should stick to the Commission text. If this is the case, I shall support Mrs Gebhardt’s report, which I hope will be widely adopted by Parliament in these terms.
If there were just one thing to bear in mind, this would be the interest of the children, and I have my doubts as to whether it would be in the interest of the children if Parliament were to adopt these two amendments. Children are the ones with a lot to gain from the rapid implementation of regulations acknowledging their simple right not to have to endure the choice of their parents to live in different European countries. Of course, major problems will remain, particularly the matter of the disparity of applicable divorce laws and the consequences of this, but this regulation is just an initial step and I congratulate the rapporteur on this initiative."@en1
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