5 Amendments of Roberta ANGELILLI related to 2011/0059(CNS)
Amendment 27 #
Proposal for a regulation
Recital 11
Recital 11
(11) The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple'’s separation, an annulment or divorce or the death of one of the spouses.
Amendment 29 #
Proposal for a regulation
Recital 21
Recital 21
(21) Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the law of the spouses' common nationality at the time of their marriage. If neither of these criteria apply, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, including the place where the marriage was celebrated, it being made clear that these links are to be considered as they were at the time the marriage was entered into.
Amendment 30 #
Proposal for a regulation
Recital 32
Recital 32
(32) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 210, 21, 23, 24 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, equality before the law, the prohibition of any form of discrimination, equality between women and men, the rights of the child and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles.
Amendment 32 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction, where the spouses so agree, to rule on matters of the matrimonial property regime arising in connection with the application. The agreement between the spouses on property matters shall not jeopardise the interests of the children.
Amendment 35 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances, in particular the place where the marriage was celebrated.