Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-03-12-Speech-1-145-000"
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"en.20120312.19.1-145-000"2
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"Mr President, Ms Reding, Mr Lechner, the new Succession Regulation will make life easier for many testators and heirs and dramatically reduce the number of cross-border disputes in succession matters.
There is a rapidly growing number of people who have assets in other Member States or who live in another Member State. The new Regulation should provide them with greater legal certainty when drawing up their wills or planning the provision for their survivors. I stress the word ‘should’, because once again there would seem to be a large fly in the ointment. It seems that the Council is blocking a uniform Europe-wide result on account of the stubbornness of some Member States.
The United Kingdom and Ireland have now negotiated an opt-out on two points: in relation to estate administration and, as already mentioned, in connection with the clawback clause as a result of the contestation of gifts on account of a reduction of indefeasible interests.
However, this derogation will not only be disadvantageous for the people of the United Kingdom and Ireland. Heirs who are citizens of other Member States will also be negatively affected by this. In that regard, we cannot talk about a purely British or purely Irish problem. With regard to the clawback clause, we must ensure that no systematic opportunities for forum shopping are created, where people settle in another Member State simply to circumvent the inheritance law of their own Member State.
In all of the negotiations, the European Parliament advocated a common solution with the participation of all Member States. As the Member States, in the Council in particular, were not able to reach an agreement on the issue of gifts on account of a reduction of indefeasible interests and the administration of the estate, these areas will now remain almost unregulated, which will result in legal uncertainty.
The Member States are now called on to reach a compromise on the two outstanding issues for the sake of simplification of the legislation and greater legal certainty. We must not make the life of heirs more complicated and expensive unnecessarily. For that reason, I am calling for the Council to truly take Parliament’s concerns to heart. The new Succession Regulation is practical and right, but it must not become a cherry-picking regulation where people who deny the indefeasible interests move to Ireland or the United Kingdom.
Mr Lechner, could you please stay for a while longer in order to resolve the remaining problems with your tenacity and problem-solving skills?"@en1
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