Activities of Roberta ANGELILLI related to 2010/0067(CNS)
Shadow opinions (1)
OPINION Proposal for a Council regulation (EU) implementing enhanced cooperation in the area of the law applicable to divorce and legal separation
Amendments (6)
Amendment 12 #
Proposal for a regulation
Recital 14
Recital 14
(14) Spouses should be able to choose the law of a country with which they have a special connection or the lex fori as the law applicable to divorce and legal separation. The law chosen by the spouses must be consonant with the fundamental rights enshrined in the Treaties and the Charter of Fundamental Rights of the European Union. The possibility of choosing the law applicable to divorce and legal separation should not harm the superior interests of the child. In particular, when the divorce or the separation involve any children of the spouses, the law applicable to the divorce and legal separation must be chosen by taking account of the principles laid down in Article 24 of the Charter, placing emphasis on the best interests of the children, the duty to hear their opinion in decisions which concern them and the right to maintain regular personal relations and direct contact with both parents, unless it is against their interest to do so.
Amendment 17 #
Proposal for a regulation
Recital 15
Recital 15
(15) Before designating the applicable law, it is important for spouses to have access to up-to-date information concerning the essential aspects of national and Union law and of the procedures governing divorce and legal separation, including the option of mediation. To guarantee such access to appropriate, good-quality information, the Commission regularly updates it in the Internet-based public information system set up by Council Decision 2001/470/EC.
Amendment 21 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18а) The agreement between the spouses designating the law applicable to the divorce and legal separation should in any case refer to the option of having recourse to mediation before, during or after the court proceedings. To that end it would be advisable to refer to the concepts defined in Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters1, and to the European Code of Conduct for Mediators. _________ 1 OJ L 136, 24.5.2008, p. 3.
Amendment 26 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory wording
Article 3 – paragraph 1 – introductory wording
1. The spouses may choose by mutual agreement the law applicable to divorce and legal separation, provided that such law is in conformity with the fundamental rights defined in the Treaties and in the Charter of Fundamental Rights of the European Union – in particular, by placing emphasis first and foremost on the best interest of the children of the spouses, as provided for in Article 24 of the Charter – and with the principle of public policy, from among the following laws:
Amendment 31 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Without prejudice to paragraph 4, an agreement designating the applicable law may be concluded and modified at any time, but at the latest when the court is seised. The agreement must consider the option of having recourse to mediation in order to settle any disagreements concerning the divorce or separation.
Amendment 33 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. If the lex fori so provides, the spouses may also designate the law applicable before the court during the course of the proceeding. In that event, such designation shall be recorded in court in accordance with the lex fori, including reference to the option of having recourse to mediation.