Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-03-12-Speech-1-149-000"
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"en.20120312.19.1-149-000"2
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"Mr President, I believe that we should endorse the basic policy line in the Commission proposal. The proposal, of course, does not affect the existing laws of the Member States, but will for the first time allow a new cross-border succession regime. This is obviously an important step towards strengthening the internal market and I regret the fact that some Member States continue to hamper progress in this matter.
The proposal creates legal certainty, it is comparatively clear and straightforward and, with regard to the key issues, can also be understood by the man and woman in the street. Fragmentation of successions would be avoided. Because habitual residence would be the connecting factor, the competent court would be able, as a rule, to apply its own law. The new choice-of-law right would make citizens more autonomous. The restriction to the law governing nationality would maintain the public policy function of law on succession and safeguards for relatives. It would prevent evasion or abuse of the systems to as great an extent as possible.
Naturally, the regulation cannot resolve all problems and should not regulate every detail, but it would considerably improve the present legal position. Individuals would be given a clear and secure basis for arranging their succession and they would be able to exercise their rights on the internal market more effectively. Legal clarity and legal certainty are central qualities within law on succession in particular. The regulation would strengthen these legal values, benefit the public and create considerable European added value."@en1
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