Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
CAVADA Jean-Marie ( ALDE)
|
VOSS Axel ( PPE),
GEBHARDT Evelyne ( S&D),
DZHAMBAZKI Angel ( ECR),
HAUTALA Heidi ( Verts/ALE)
|
| Committee Opinion | FEMM | ||
| Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
TFEU 081-p3-a1
Legal Basis:
TFEU 081-p3-a1Subjects
Events
PURPOSE: to establish a clear legal framework in the European Union for determining jurisdiction and the law applicable to matrimonial property regimes and to facilitate the circulation of decisions and instruments on this matter among Member States.
LEGISLATIVE ACT: Council Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
CONTENT: the Regulation applies to those Member States participating in enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships, in accordance with Decision (EU) 2016/954 .
This Regulation is closely linked to another Regulation concerning jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.
Scope: the Regulation covers, with regard to matrimonial regimes, the jurisdiction, applicable law and the recognition and enforcement of decisions . It includes all civil-law aspects of matrimonial property regimes, both the daily management of matrimonial property and the liquidation of the regime, in particular as a result of the couple's separation or the death of one of the spouses.
However, excluded from the scope of the Regulation are issues concerning the legal capacity of spouses, the existence, validity or recognition of a marriage, maintenance obligations and the succession to the estate of a deceased spouse.
The Regulation does not affect the competence of the authorities of the Member States to deal with matters of matrimonial property regimes.
Jurisdiction: the Regulation aims to enable citizens to have their various related procedures handled by the courts of the same Member State . It provides the following:
· where a court of a Member State is seised in matters of the succession of a spouse pursuant to Regulation (EU) No 650/2012, the courts of that State shall have jurisdiction to rule on matters of the matrimonial property regime arising in connection with that succession case;
· where a court of a Member State is seised to rule on an application for divorce, legal separation or marriage annulment pursuant to Regulation (EC) No 2201/2003 , the courts of that State shall have jurisdiction to rule on matters of the matrimonial property regime arising in connection with that application.
In order to increase legal certainty, predictability and the autonomy of the parties, this Regulation enables the parties, under certain circumstances, to conclude a choice of court agreement in favour of the courts of the Member State of the applicable law or of the courts of the Member State of the conclusion of the marriage. Where a Member State holds that the marriage in question cannot be recognised for the purposes of matrimonial property regime proceedings, the courts must act swiftly and the party concerned may submit the case in any other Member State that has a connecting factor. The Regulation does not prevent the parties from settling the matrimonial property regime case amicably out of court , for instance before a notary, in a Member State of their choice.
Applicable law: following the principle of unity of the applicable law, the Regulation stipulates that the law applicable to the matrimonial regime applies to all assets falling under that regime, regardless of where the assets are located. The law designated as applicable by the Regulation shall be applied whether or not it is the law of a Member State.
The spouses may agree to designate, or to change, the law applicable to their matrimonial property regime , provided that that law is one of the following:
· the law of the State where the spouses or future spouses, or one of them, is habitually resident at the time the agreement is concluded; or
· the law of a State of nationality of either spouse or future spouse at the time the agreement is concluded.
In the absence of a choice-of-law agreement , the law applicable to the matrimonial property regime shall be the law of the State:
· of the spouses' first common habitual residence after the conclusion of the marriage; or, failing that
· of the spouses' common nationality at the time of the conclusion of the marriage; or, failing that
· with which the spouses jointly have the closest connection at the time of the conclusion of the marriage, taking into account all the circumstances.
Recognition, enforceability and enforcement of decisions: the Regulation lays down rules relating to the recognition, enforceability and enforcement of decisions similar to those of other Union instruments in the area of judicial cooperation in civil matters. Grounds for non-recognition of a decision include circumstances where such recognition is manifestly contrary to public policy in the Member State in which recognition is sought.
The Regulation also allows for the acceptance and enforceability in all Member States of authentic instruments in matters of matrimonial property regime, in certain circumstances.
Information made available to the public: Member States shall provide the Commission with a short summary of their national legislation and procedures relating to matrimonial property regimes, including information on the type of authority that has competence in the matter.
ENTRY INTO FORCE: 28.7.2016. The Regulation is applicable in the Member States that participate in enhanced, as authorised by Decision (EU) 2016/954.
APPLICATION: from 29.1.2019, except with respect to certain provisions that apply from 29.4.2018, and others that apply from 29.7.2016.
The European Parliament adopted by 498 votes to 58, with 35 abstentions, in the framework of a special legislative procedure (Parliament’s consultation), a legislative resolution on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
Parliament approved the Commission proposal without amendment.
To recall, the draft Regulation seeks to establish a comprehensive set of rules of international private law applicable to matrimonial property regimes. It therefore deals with matters of jurisdiction, applicable law and the recognition and enforcement of decisions in matrimonial property cases. The rules proposed are concerned only with cross-border cases.
The Committee on Legal Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Jean-Marie CAVADA (ALDE, FR) on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
The committee approved the Commission proposal subject to the introduction of a new definition of ‘ Member State ’ so as to cover so as to cover only Member States participating in the Matrimonial Property Regulation , in line with the definition included in Article 3(1) of Council Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III).
PURPOSE: to establish a clear legal framework in the European Union for determining jurisdiction and the law applicable to matrimonial property regimes and to facilitate the circulation of decisions and instruments on this matter among Member States.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: the increasing mobility of persons within an area without internal frontiers leads to a significant increase in the number of couples formed by nationals of different Member States who live in a Member State other than their own or acquire property in more than one Member State.
These transnational couples face practical and legal difficulties , both in the daily management of their property and in its division if the couple separate or one of its members dies. These difficulties often result from the great disparities between the applicable rules governing the property effects of marriage , both in substantive law and in private international law.
The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured.
In the 'EU Citizenship Report 2010: Dismantling the obstacles to EU citizens’ rights ', adopted on 27 October 2010, the Commission announced that it would adopt in 2011 a proposal for legislation to make it easier for international couples (either married or registered partners) to know which courts had jurisdiction to deal with their property rights and which law applied to their property rights
On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships. At its meeting of 3 December 2015, the Council concluded that no unanimity could be reached for the adoption of the proposals for regulations on matrimonial property regimes and the property consequences of registered partnerships and that therefore the objectives of cooperation in this area could not be attained within a reasonable period by the Union as a whole.
17 Member States addressed a request to the Commission indicating that they wished to establish enhanced cooperation.
The proposal for a Council Decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.
This proposal for a Council Regulation on matrimonial property regimes and the parallel proposal for a Council Regulation on the property consequences of registered partnerships, both of which implement the enhanced cooperation and were adopted by the Commission at the same time, are the Commission's response to the request by 17 Member States.
IMPACT ASSESSMENT: before the 2011 Commission proposal was drawn up, a broad consultation exercise took place with the Member States, other Union institutions and the public. The Commission conducted a joint impact study on the proposals for regulations on matrimonial property regimes and the property consequences of registered partnerships.
The two new proposals regarding matrimonial property regimes and the property consequences of registered partnerships contain solutions similar to those presented in the 2011 proposals taking into account the discussions in the Council and the European Parliament up to the end of 2015.
CONTENT: the aim of the proposal is to establish a comprehensive set of rules of international private law applicable to matrimonial property regimes . It therefore deals with matters of jurisdiction, applicable law and the recognition and enforcement of decisions in matrimonial property cases. The rules proposed are concerned only with cross-border cases.
Scope and definitions : according to the proposal, the notion of 'matrimonial property regime' must be given an autonomous interpretation and embrace considerations of both the spouses' daily management of their property and the liquidation of their property regime as a result of the couple's separation or the death of one of the spouses.
Matters already covered by existing EU regulations, such as maintenance obligations, especially between spouses, and matters arising from the law of succession, are excluded from the scope of the Regulation.
The Regulation does not affect the existence or validity of a marriage under national law or the recognition in one Member State of a marriage concluded in another Member State. It also does not affect matters of social security or the entitlement to rights to pension in case of divorce.
Jurisdiction : the aim of this Regulation is to enable citizens to have their various related procedures handled by the courts of the same Member State . To this end, the proposal seeks to ensure that the rules to determine the jurisdiction of the courts called on to deal with the property aspects of marriages are in line with existing rules in other Union instruments and, in particular, to concentrate jurisdiction on the matrimonial property regime in the Member State whose courts are handling the succession of a spouse or the divorce, legal separation or marriage annulment.
To ensure that, in the event of the death of one of the spouses, the competent court can handle both the succession of the deceased spouse and the liquidation of the matrimonial property regime, this article provides that the court having jurisdiction for the succession according to the rules laid down in Regulation (EU) No 650/2012 should also have jurisdiction to rule on the liquidation of the matrimonial property regime linked to the succession.
Applicable law : the option proposed in the Regulation is that of a single scheme: all the property of the spouses, regardless of its nature (moveable or immoveable) and location, would be subject to the same law, namely the law applicable to the matrimonial property regime .
The spouses or future spouses may agree to designate, or to change, the law applicable to their matrimonial property regime, provided that it is one of the following:
the law of the State where the spouses or future spouses, or one of them, is habitually resident at the time the agreement is concluded, or the law of a State of nationality of either spouse or future spouse at the time the agreement is concluded.
In the absence of a choice-of-law agreement , the law applicable to the matrimonial property regime shall be the law of the State:
of the spouses' first common habitual residence after the celebration of the marriage or, failing that, of the spouses' common nationality at the time of the celebration of the marriage or, failing that, with which the spouses jointly have the closest connection at the time of the celebration of the marriage, taking into account all the circumstances.
However, exceptionally , one of the spouses can ask a court that the law applicable should be the law of the State where the spouses had their last common habitual residence.
The Regulation lists some of the matters that would be governed by the law applicable to the matrimonial property regime. Such matters include the liquidation of the property and also the effects of the matrimonial property regime on the relationships between a spouse and a third party.
To protect the family home , a Member State where the family home is located may apply its own rules for the protection of the family home. Exceptionally, this Member State may apply its own law to all persons living on its territory in 'preference' to the law normally applicable or that of a marriage agreement concluded in another Member State.
Recognition, enforceability and enforcement : the proposed Regulation provides for the free circulation of decisions, authentic instruments and court settlements concerning matrimonial property regimes. It would thus introduce mutual recognition based on the mutual trust arising out of the integration of the Member States within the Union.
This free circulation would take the form of a uniform procedure for the recognition and enforcement of decisions, authentic acts and legal transactions originating in another Member State. The grounds for non-recognition or refusal to enforce are also harmonised at Union level or reduced to the absolute minimum.
Documents
- Final act published in Official Journal: Regulation 2016/1103
- Final act published in Official Journal: OJ L 183 08.07.2016, p. 0001
- Final act published in Official Journal: Corrigendum to final act 32016R1103R(01)
- Final act published in Official Journal: OJ L 113 29.04.2017, p. 0062
- Final act published in Official Journal: Corrigendum to final act 32016R1103R(02)
- Final act published in Official Journal: OJ L 167 04.07.2018, p. 0036
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0288/2016
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A8-0209/2016
- Debate in Council: 3473
- Contribution: COM(2016)0106
- Contribution: COM(2016)0106
- Contribution: COM(2016)0106
- Amendments tabled in committee: PE582.313
- Contribution: COM(2016)0106
- Committee draft report: PE580.495
- Legislative proposal published: COM(2016)0106
- Legislative proposal published: EUR-Lex
- Committee draft report: PE580.495
- Amendments tabled in committee: PE582.313
- Contribution: COM(2016)0106
- Contribution: COM(2016)0106
- Contribution: COM(2016)0106
- Contribution: COM(2016)0106
Activities
- Louis ALIOT
- Marina ALBIOL GUZMÁN
- Marie-Christine ARNAUTU
- Beatriz BECERRA BASTERRECHEA
- Hugues BAYET
- Xabier BENITO ZILUAGA
- José BLANCO LÓPEZ
- Marie-Christine BOUTONNET
- Renata BRIANO
- Nicola CAPUTO
- Alberto CIRIO
- Andi CRISTEA
- Javier COUSO PERMUY
- Edward CZESAK
- Michel DANTIN
- Rachida DATI
- Mireille D'ORNANO
- Georgios EPITIDEIOS
- Edouard FERRAND
- Santiago FISAS AYXELÀ
- Lorenzo FONTANA
- Doru-Claudian FRUNZULICĂ
- Ildikó GÁLL-PELCZ
- Elena GENTILE
- Arne GERICKE
- Michela GIUFFRIDA
- Tania GONZÁLEZ PEÑAS
- Antanas GUOGA
- Takis HADJIGEORGIOU
- Brian HAYES
- Marian HARKIN
- Hans-Olaf HENKEL
- Cătălin Sorin IVAN
- Petr JEŽEK
- Ivan JAKOVČIĆ
- Philippe JUVIN
- Barbara KAPPEL
- Bernd KÖLMEL
- Constance LE GRIP
- Giovanni LA VIA
- Marine LE PEN
- Bernd LUCKE
- Paloma LÓPEZ BERMEJO
- Vladimír MAŇKA
- Andrejs MAMIKINS
- Dominique MARTIN
- Notis MARIAS
- Miroslav MIKOLÁŠIK
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Sophie MONTEL
- Norica NICOLAI
- Liadh NÍ RIADA
- Franz OBERMAYR
- Rolandas PAKSAS
- Marijana PETIR
- Franck PROUST
- Claude ROLIN
- Fernando RUAS
- Lola SÁNCHEZ CALDENTEY
- Maria Lidia SENRA RODRÍGUEZ
- Monika SMOLKOVÁ
- Igor ŠOLTES
- Joachim STARBATTY
- Patricija ŠULIN
- Eleftherios SYNADINOS
- Tibor SZANYI
- Dubravka ŠUICA
- Hannu TAKKULA
- Claudia ȚAPARDEL
- Pavel TELIČKA
- Mylène TROSZCZYNSKI
- Kazimierz Michał UJAZDOWSKI
- Ángela VALLINA
- Lieve WIERINCK
- Pablo ZALBA BIDEGAIN
- Anna ZÁBORSKÁ
- Jana ŽITŇANSKÁ
Votes
A8-0209/2016 - Jean-Marie Cavada - Résolution législative #
GUE/NGL
EFDD
NI
ENF| Amendments | Dossier |
| 9 |
2016/0059(CNS)
2016/05/09
JURI
9 amendments...
Amendment 1 #
Proposal for a regulation Recital 13 Amendment 2 #
Proposal for a regulation Recital 15 Amendment 3 #
Proposal for a regulation Recital 19 Amendment 4 #
Proposal for a regulation Recital 20 Amendment 5 #
Proposal for a regulation Recital 21 Amendment 6 #
Proposal for a regulation Recital 64 a (new) (64a) This Regulation should not affect bilateral and multilateral conventions concluded prior to the entry into force of this Regulation between Member States which participate in the enhanced cooperation and non-participating Member States.
Amendment 7 #
Proposal for a regulation Article 3 – paragraph 1 – point e a (new) (ea) 'Member State' means a Member State which participates in the enhanced cooperation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, by virtue of Decision 2016/ x/EU, or by virtue of a decision adopted in accordance with the second or third subparagraph of Article 331(1) of the Treaty on the Functioning of the European Union;
Amendment 8 #
Proposal for a regulation Article 10 Where no court of a Member State has jurisdiction according to Articles 4, 5, 6, 7 and 8 or when all the courts according to Article 9 have declined jurisdiction and no court has jurisdiction under Article 9 (2), the courts of a Member State shall have jurisdiction in so far as immoveable property of one or both spouses are located in the territory of that Member State, but in that event the court seised shall have jurisdiction to rule only in respect of the
Amendment 9 #
Proposal for a regulation Article 38 source: 582.313
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