Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-12-12-Speech-3-391"
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"en.20071212.36.3-391"2
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"Madam President, the proposed instrument on maintenance obligations seeks to improve the precarious situation of people who depend on maintenance to meet their everyday needs.
In the European Union, where people are increasingly mobile, maintenance creditors – especially children – should not face obstacles to recover money due to them, particularly when the debtor, such as a parent, leaves or has moved abroad.
I would like to thank Ms Grabowska, as rapporteur, for the efforts she has made to give a voice to stakeholders such as non-governmental organisations assisting maintenance creditors during the very important public hearing on 11 September.
We generally welcome Ms Grabowska’s report, which supports the proposal in its essential elements.
I have just a few remarks on some proposed amendments. First of all, on the legal basis. We are of the opinion that the current instrument relates to family law. However, I understand Parliament’s concerns, given the existing legal context. That is why we have invited the Council, in a communication adopted at the same time as the proposed regulation, to decide – in accordance with Article 67(2) of the Treaty – that the present instrument be adopted according to the codecision procedure. That is my opinion, and I will continue to ask Council to act on this invitation.
Concerning the other amendments on the rules on applicable law. Last month, negotiations on a worldwide convention on maintenance obligations were finalised successfully at the Hague Conference on Private International Law.
Given the satisfactory results of the Convention and the accompanying protocol on applicable law, the Community and its Member States would like to adhere to those international rules. Consequently, the rules of the regulation and related amendments proposed should be revised in order to ensure consistency with the international rules.
The report proposes allowing the courts to apply their own law when cases come before them and when this would accelerate the resolution of the dispute. While we recognise the concern to speed up litigation, we believe that the proposed solution does not allow for sufficient legal certainty, and there is the danger that it would not serve the interest of maintenance creditors, who should be protected by application of the same substantive law, regardless of which court is considering the case.
Finally, Parliament is now voting on its report. An international legal context has become clear. I strongly hope this project will be resumed at full speed in 2008. I very much trust that the Council will give it the highest priority in the coming months."@en1
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