Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-12-15-Speech-3-323"
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"en.20101215.23.3-323"2
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"I would like to congratulate the rapporteur for dealing so thoroughly with such a difficult subject as the issue of the choice of law applicable to divorce and legal separation. Just how delicate a matter this is can be seen by the fact that Rome III is the first example in the EU’s history of enhanced cooperation conducted in accordance with the procedures laid down in the Treaties. The territorial range of force of the regulation will, therefore, be restricted to 14 out of the 27 EU Member States. Poland is not among them. I think that by introducing a principle which enables parties to choose the law applicable in divorce, Rome III will contribute to greater legal predictability and certainty. However, taking into account the restricted scope of this regulation – it will concern only the law applicable on the matter of international divorce – it is also essential to answer the question as to which court has jurisdiction to decide in a particular case.
This problem is the subject of another EU regulation – Brussels IIa. Therefore, like the rapporteur, I think it is essential for this regulation to be revised as quickly as possible in order to introduce the
rule. This will dispel the fears of many Member States concerning whether their courts will be forced to decide on the divorces of couples whom their legal system does not regard as being married, which in turn will encourage them to adopt general European principles in the field of international divorce, and this will undoubtedly make life easier for many EU citizens."@en1
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