Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-12-12-Speech-3-399"
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"en.20071212.36.3-399"2
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"Mr President, the regrettable increase in marital breakdown, coupled with the growing mobility of people living in the European Union, is inevitably leading to an increase in the number of cross-border conflicts concerning maintenance claims. At the present time, in order to enforce a claim against a maintenance debtor living in another Member State it is necessary to apply to the judiciary of the state in which the decision is to be executed. Unfortunately, that does not always work, so there is clearly a real need to lay down detailed rules on jurisdiction in regard to maintenance claims.
The purpose of the draft resolution is to reduce the formal requirements for a court decision to be delivered in any Member State and to ensure its effective execution. Upon entry into force, the new regulation will enable an entitled person to obtain a binding enforcement order anywhere in the European Union. It will also simplify and unify the enforcement system. While welcoming the measures adopted by the Hague Conference, I fully agree with the rapporteur that the regulations applying in this matter in the European Union must be more progressive and more rapidly implemented.
The increasing mobility of EU citizens is leading to any increase in the number of marriages in which spouses are of different nationalities and live in different states, or live in a Member State of which neither is a national. Where an international couple decide to divorce, they may therefore invoke different laws. The broad subjective and objective scope of the regulation is justified by the frighteningly low rate of obtention of maintenance payments in certain EU Member States. In my own country, Poland, for example, the figure is just 10%.
The regulation will also enable the mother of an illegitimate child to claim from the child’s father payment of the costs associated with pregnancy and childbirth, as well as the costs of her upkeep during childbirth. At present such a claim is not recognised in many Member States as a claim for maintenance, which makes it considerably more difficult to pursue.
Before my country joined the European Union, more than one thousand claims for maintenance from abroad were lodged in the courts every year. As a result of the opening of borders, all forecasts predict a drastic rise in the number of such claims, both in Poland and in other countries. The opening of borders and labour markets may lead some fathers to run away from their maintenance obligations, and it is mainly the children who will suffer. This we cannot accept."@en1
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