Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-11-15-Speech-3-301"
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"en.20061115.22.3-301"2
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"Madam President, Mr Gargani has presented us with a report that expresses the Committee on Legal Affairs’ desire for the European institutions to take action in the field of succession law.
Commissioner Frattini has stressed that 80% of European citizens believe that succession law must be regulated and recognised in a harmonised fashion throughout the European Union. We are not talking about theories, but about the realities affecting people who live in different countries or who have families in different countries and who, when succession takes place, find themselves in an absolutely desperate situation.
Unfortunately, the European Union’s Treaties do not provide for the possibility of harmonising the substantive law on succession. This is something that will probably have to be put right in the future, since it makes very little sense that the consequences, the legal system and the rights of inheritors should change entirely as a result of moving a few kilometres and depending on whether a person is established in one country or another.
For the time being, the Committee on Legal Affairs, by means of the report by Mr Gargani, is restricting itself to telling the Commission that it is necessary to begin to propose actions of a legislative nature. Commissioner Frattini has indicated that the Commission is in favour of doing so. We will probably not be able to go much further at the moment.
We in the Committee on Legal Affairs have discussed the merits and the content of the proposals that Mr Frattini includes in the annex; there are certain amendments tabled by my Socialist colleague, Mrs Berger, which are intended to correct some of the defects noted in that annex, but the most important thing of all is that the Commission is prepared to make practical proposals, as Mr Frattini has indicated in this House. We cannot improvise on this issue, since we must work on the basis of our experience.
Anybody who has had to deal with an international succession issue within the European Union will have found themselves faced with huge difficulties, above all in terms of jurisdiction.
We should probably begin to deal with the issue from the point of view of jurisdiction, the competences of courts and the recognition and effectiveness of decisions, removing the exequatur procedure, as Mr Gargani recommends, which makes no sense in the European Union.
I therefore hope that Mr Gargani’s efforts and Mr Frattini’s contribution will make it possible for us soon to have practical proposals on the table for the development of Community law in this field."@en1
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