Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-21-Speech-2-953"
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"en.20081021.36.2-953"2
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"I voted in favour of Mrs Gebhardt’s report, because I think the Commission’s proposal to standardise the rules on conflicts of law in divorces between international couples is an important one. Divorce is a human tragedy for the parties and their children. That is why the parties involved need to be as clear as possible on the procedure to be applied and the material content of the law.
The situation now, where under the Brussels IIa Regulation spouses are able to choose amongst a number of different competent courts and the jurisdiction is determined with reference to the rules on conflicts of law in the Member State where the forum is located, does not establish the necessary legal certainty. Forum shopping and the ‘dash to court’, for one party to obtain a favourable result, are serious side-effects of this.
I think that the right of marriage partners to choose by mutual agreement the competent court and jurisdiction would also help them discover the content in both cases. For this very reason, it is crucial that access to information on content and procedures should be made easier, as stated in Amendment 2. Amendment 1, which safeguards the interests of children in choosing the law, is also vitally important.
I support Amendment 37, tabled by my group, in which the law of the Member State where the couple were joined in marriage must also be the one chosen. This is logical and would make it even easier to discover the content of the law to be applied."@en1
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