6 Amendments of Marina YANNAKOUDAKIS related to 2011/0060(CNS)
Amendment 107 #
Proposal for a regulation
Recital 15
Recital 15
(15) Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if bothe partners soexpressly agree.
Amendment 112 #
Proposal for a regulation
Recital 21
Recital 21
(21) However, the courts must not be able to invoke overriding mandatory provisions or public policy as exceptions in order to set aside the law of another Member State or to refuse to recognise or enforce a decision, an authentic instrument, a legal transaction or a European Certificate of Succession drawn up in another Member State where application of such an exception would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21, which prohibits all forms of discrimination, and Article 23, which requires equality between men and women to be ensured in all areas. Nor may these courts set aside the law applicable to registered partnerships merely on the grounds that the public policy of the forum does not recognise registered partnerships.
Amendment 113 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States should consider taking appropriate measures in order to ensure that the partners, whose partnership has a cross border dimension, have equal access to information on the property consequences resulting from the link created by the registration of the partnership and on legal practitioners who can be consulted.
Amendment 115 #
Proposal for a regulation
Recital 28
Recital 28
(28) 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, 21, 23 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, the prohibition of any form of discrimination, equality between women and men 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 118 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The courts of a Member State seized by an application for dissolution or annulment of a registered partnership shall also have jurisdiction, if bothe partners so agree expressly to this, to rule on the property consequences arising in connection with the application.
Amendment 120 #
Proposal for a regulation
Article 15
Article 15
The law applicable to the property consequences of registered partnerships is the law of the State in which the partnership was registered. The property consequences of registered partnerships shall be equal in terms of the freedom to choose the applicable law to the proposal concerning matrimonial property regimes. Registered partners should be able to choose the most applicable law based on the law of habitual residence or on the nationality of one of the partners.