Activities of Francesco Enrico SPERONI related to 2011/0060(CNS)
Shadow reports (1)
REPORT on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships PDF (510 KB) DOC (832 KB)
Legal basis opinions (0)
Amendments (13)
Amendment 108 #
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the partners' management of their property, the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of an EU Member State, but only if it complies with the public policy and coercive principles of the State in which it is to be applied.
Amendment 110 #
Proposal for a regulation
Recital 20
Recital 20
(20) Considerations of public interest may, in exceptional circumstances,and conflict with coercive principles of the Member States may justify the courts of the Member Stalattesr invoking overriding mandatory provisions which must be complied with in order to safeguard the political, social or economic organisation of those States. Similarly, in exceptional circumstancesere this is permitted under national law. Similarly, the courts of the Member States should be allowed to set aside the foreign law in a given case where its application would be manifestly incompatible with the public policy of the forum.
Amendment 111 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 116 #
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) 'registered partnership': regime governing the shared life of two or more people which is provided for in law and is registered by an official authority;
Amendment 117 #
Proposal for a regulation
Article 2 – point b - paragraph 1 a (new)
Article 2 – point b - paragraph 1 a (new)
Amendment 119 #
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, only if it complies with the public policy and coercive principles of the State in which it is to be applied.
Amendment 127 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The application of a ruleprovision of the law determinsignated by this Regulation may be refused only if such application is manifestly incompatible with the public policy and constitutional principles of the forum.
Amendment 128 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. A court of a Member State may declare that it is not competent to decide on the application of the laws of the State of registration where they are in conflict with the public policy and the constitutional principles of the State in which their application has been requested. In that case the competent court shall be that of the State of registration, but its decisions shall not take effect in the State which has not recognised its own competence.
Amendment 129 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 a (new)
Article 18 – paragraph 2 – subparagraph 1 a (new)
The application of a rule of the law determined by this Regulation, which provides for the option of registering same-sex partnerships and which governs them, shall be deemed contrary to the public policy of the forum where the legal system of the latter makes no provision for, or prohibits, such partnerships.
Amendment 130 #
Proposal for a regulation
Article 22 – point a
Article 22 – point a
(a) such recognition is manifestly contrary to public policy in the Member State addressed;
Amendment 133 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – 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 manifestly contrary to public policy in the Member State addressed.
Amendment 134 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – 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 135 #
Proposal for a regulation
Article 30
Article 30
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.