Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-11-15-Speech-3-299"
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"en.20061115.22.3-299"2
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".
Madam President, ladies and gentlemen, let me say straight away that, in relation to the measure before us, there are in the European Union between 50 000 and 100 000 cases of succession due to death, and this is a measure that is likely to become the reference in issues of international law.
Transnational succession is an extremely wide-ranging phenomenon, and it comes up against an increasing number of difficulties stemming from profound differences between the system of private international law and the substantive law systems of the Member States. That often results in obstacles to the freedom of movement and the enjoyment of the right to own property. The Committee on Legal Affairs, which I have the honour of chairing, has therefore decided to take the initiative to make successions in Europe simpler by using the power granted to it by Article 192 of the EC Treaty, and to call on the Commission to adopt a legislative proposal.
Since we, ladies and gentlemen, unfortunately do not yet have the power to initiate legislation like all our counterparts in the national parliaments – that is an observation that I always make – I turn to you, Commissioner Frattini, and, with the strong backing that I am sure the qualified majority vote will give me, I call on you to carry forward an important request of ours in the interests of Europe’s citizens.
You are aware that, for beneficiaries to take possession of an estate, they currently have to start proceedings in all the countries where the property is located. This is not only a costly and laborious process, but, since the transmission of property by inheritance is a special way of transferring ownership, it is associated with emotional and personal aspects – highly complex interpersonal relationships that even transcend legal arguments. I should like to mention a very personal recollection from my youth, when I was at university: Professor Cariota-Ferrara, who had done his thesis on inheritance law, used to say that inheritance law was a law about emotions, a law that often involved suffering. Hence, Madam President, ladies and gentlemen, I am convinced that our proposal will make a real contribution to creating a Europe of the citizens.
I am grateful to the committee, which debated this issue at length and thoroughly examined all aspects of it. I truly believe that what we are putting before Parliament is a very important proposal that represents a step forwards for both political Europe and the citizens’ Europe. I therefore call on you to adopt this report, and I also ask Commissioner Frattini to do so on behalf of the citizens of Europe.
The report we are proposing includes measures aimed at ensuring that there is one applicable law and one competent court. Applicable law and competent court should generally coincide, and the criterion for establishing them is also objective: the habitual place of residence of the deceased at the time of death. Individual freedom of choice is not ruled out, however: people making a will may choose which law should govern the whole succession, either the law of their own nationality or the law of the country in which they are habitually resident at the time the choice is made. Similarly, should disputes arise, the parties may choose the applicable law and the competent courts.
I should like to say a few words on a key point that I consider the cornerstone of our proposal. The report proposes the introduction of a legally binding European certificate of inheritance, which will set out the law applicable to the succession, the beneficiaries of the estate, the persons responsible for administering the estate and their powers, and the property comprising the estate. The certificate will be drawn up according to a standard model and will allow the property inherited to be recorded in the public registers of the Member State in which the property is located.
Mrs Berger has carried out a more thorough investigation than the others precisely on this proposal and has tabled five amendments. In this respect, I must say that I am particularly concerned that the certificate should be compulsory, consistent and legally certain. Indeed, if that is not established, I think the whole structure of the provision will be adversely affected, and it will become less effective and rather less of a reference. Not all the countries in the EU may take it into account, and it will end up being a consultative measure rather than a mandatory one. In any event, that is likely to diminish its force, which should lie precisely in its legal certainty and its ability to reach all citizens, so that they can have a real chance of receiving their inheritance by means of these instruments.
In my opinion, the other amendments should be rejected, and in that respect I should like to appeal particularly to Mrs Berger to think again and perhaps to withdraw or recast her amendment in order to make this proposal more incisive."@en1
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