Activities of Francesco Enrico SPERONI related to 2011/0059(CNS)
Shadow reports (1)
REPORT on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes PDF (576 KB) DOC (859 KB)
Legal basis opinions (0)
Amendments (6)
Amendment 109 #
Proposal for a regulation
Recital 25
Recital 25
(25) Considerations of public interest dictate that courts in the Member States must be given the possibility in exceptional circumstances of setting aside the foreign law in a given case where its application would be manifestly contrary to the public policy of the forum. However, the courts should not be able to apply the public policy exception in order to set aside the law of another Member State or to refuse to recognise or enforce a decision, authentic instrument or legal transaction drawn up in another State if the application of the public policy exception would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21, which prohibits all forms of discriminat and to its constitutional principles concerning marital unions.
Amendment 116 #
Proposal for a regulation
Article 23
Article 23
The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forumand the constitutional principles of the forum governing the institution of marriage.
Amendment 117 #
Proposal for a regulation
Article 27 – point a
Article 27 – point a
(a) such recognition is manifestly contrary to public policy in the Member State addressed;
Amendment 118 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Authentic instruments drawn up in a Member State shall be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and provided such recognition is not ??? contrary to public policy in the Member State addressed.
Amendment 119 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The court with which an appeal is lodged under Articles [43 and 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed.
Amendment 120 #
Proposal for a regulation
Article 34
Article 34
Court settlements that are enforceable in the Member State of origin shall be recognised and declared enforceable in another Member State at the request of any interested party under the same conditions as authentic instruments. The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State addressed.