Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-12-15-Speech-3-322"
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"en.20101215.23.3-322"2
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"This proposal does not seek to harmonise the substantive law applicable to divorce and legal separation, but to establish harmonised rules for resolving international jurisdictional conflicts. What this means is that we need to work within the framework of international private law and not within the substantive framework of family law, wherein each State will continue to have its own laws.
This is why it is important to remember, for example, that the proposed regulation, through the amendment of Article 7.º-A, does not require a State to recognise as a marriage – even if only to ensure its dissolution – an act that is not considered as such by its national legislation, or which would be contrary to the principle of subsidiarity. However, this will not be able to limit the rights of people whose unions are not recognised within a State, a point on which a compromise solution needs to be found.
In the light of the above, I can only see the provision for greater legal certainty with regard to the resolution of conflicts of international jurisdiction within the context of family law, most especially with regard to the dissolution of marriage and legal separation, as an important step for constructing an environment of freedom and justice, in which the freedom of movement of people is a reality."@en1
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