Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-03-12-Speech-1-160-000"
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"en.20120312.19.1-160-000"2
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"The importance of cross-border successions within the European Union has been repeatedly emphasised. The diversity of substantive law rules, the rules on international jurisdiction or applicable law, the multitude of authorities that can notified in the case of an international succession, as well as the fragmentation of successions that may result from these divergent rules constitute obstacles to the free movement of persons within the European Union. Citizens are currently facing significant difficulties asserting their rights in the context of an international succession. These different rules prevent the full exercise of the private property right which, according to the settled case-law of the Court of Justice of the European Union, is an integral part of the fundamental rights whose observance is ensured by the Court.
In my opinion, there must be clear indications of the situations where the issuing of a European Certificate of Succession is required. If the succession does not have cross-border implications, the national procedure shall continue to be followed. Since the European Certificate of Succession replaces the national certificate and since the legislation of a Member State contains different stipulations relating to the national certificate of succession, I think the European Certificate of Succession needs to contain both European elements considered minimal and mandatory and any additional elements stipulated by the national legislations."@en1
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