Nine EU states are getting ready to reinforce their legal co-operation at the EU level by agreeing a common divorce law, by-passing Sweden's veto and posing questions about a "two-speed Europe." France, Italy, Spain, Greece, Austria, Hungary, Slovenia, Luxembourg and Romania are set to implement the so-called enhanced co-operation procedure, while other countries - including Germany, Belgium, Portugal and Lithuania - are also currently considering joining the initiative, according to the AFP news agency. International divorces amount to some 20 percent of all divorces taking place in the EU each year. If the nine countries go ahead, it will be the first time the legal mechanism - allowing a minimum of eight EU states to present the European Commission with a demand for "enhanced co-operation" - will have been activated. Provided that the commission accepts the move, it then has to be approved by a qualified majority of the bloc's 27 member states.
Nine EU states are getting ready to reinforce their legal co-operation at the EU level by agreeing a common divorce law, by-passing Sweden's veto and posing questions about a "two-speed Europe."
France, Italy, Spain, Greece, Austria, Hungary, Slovenia, Luxembourg and Romania are set to implement the so-called enhanced co-operation procedure, while other countries - including Germany, Belgium, Portugal and Lithuania - are also currently considering joining the initiative, according to the AFP news agency.
International divorces amount to some 20 percent of all divorces taking place in the EU each year.
If the nine countries go ahead, it will be the first time the legal mechanism - allowing a minimum of eight EU states to present the European Commission with a demand for "enhanced co-operation" - will have been activated.
Provided that the commission accepts the move, it then has to be approved by a qualified majority of the bloc's 27 member states.
For the first time ever, nine of the EU's 27 members are preparing to implement a cooperation mechanism that some observers fear could turn the bloc into a collection of ad-hoc agreements made by small groups of states. The move by the nine countries, which could receive the support of Germany and several other nations, according to the AFP news agency, could set a precedent for small groups of EU members to cooperate without the entire bloc's support. France, Italy, Spain, Greece, Austria, Hungary, Slovenia, Luxembourg and Romania are ready to invoke the bloc's "enhanced cooperation procedure" at a justice ministers' meeting on Friday, July 25, to strike a deal on international divorce law. Sweden vetoed a proposal that would have allowed couples of different EU nationalities to choose which country's laws to use when divorcing. EU family law requires unanimous support in order to be enacted.
The move by the nine countries, which could receive the support of Germany and several other nations, according to the AFP news agency, could set a precedent for small groups of EU members to cooperate without the entire bloc's support.
France, Italy, Spain, Greece, Austria, Hungary, Slovenia, Luxembourg and Romania are ready to invoke the bloc's "enhanced cooperation procedure" at a justice ministers' meeting on Friday, July 25, to strike a deal on international divorce law.
Sweden vetoed a proposal that would have allowed couples of different EU nationalities to choose which country's laws to use when divorcing. EU family law requires unanimous support in order to be enacted.
could turn the bloc into a collection of ad-hoc agreements made by small groups of states.
Currently "the bloc" is a collection of no ad-hoc agreements or bilateral agreements between states, on issues like divorce. So where's the problem in at least a group of states doing something better?
If the others are (woo-hoo) scared of "two-speed", let them get on board and make it "one-speed".
Spouses shall, each according to his or her ability, contribute to the maintenance needed to meet their joint and personal needs. Provisions on maintenance for children are set out in the Children and Parents Code. If the contribution which one spouse is to make is not sufficient for that spouse's personal needs or for the payments which that spouse otherwise attends to for the maintenance of the family, the other spouse shall contribute the money that is needed.
The intent is to ensure one spouse (usually the woman) does not suffer financial hardship as a result of a divorce.
EUobserver
Under the proposal, currently blocked by Sweden - which would prefer to keep its own liberal national law - the couples would be able to choose which country's law to apply for their divorce proceedings. If they cannot agree, their joint connection to a country - notably related to the time of residence - determines which country's courts would deal with the divorce case.
Under the proposal, currently blocked by Sweden - which would prefer to keep its own liberal national law - the couples would be able to choose which country's law to apply for their divorce proceedings.
If they cannot agree, their joint connection to a country - notably related to the time of residence - determines which country's courts would deal with the divorce case.
What's misleading is that Sweden would not be obliged to change its "liberal national law": just to enter into an agreement in which Swedish nationals might find themselves obliged to accept that their divorce take place under the rules of another member state (that of the other spouse), in cases where the spouses failed to agree that it should be Swedish law that would apply.
This is more the "protect your own nationals" reflex, it seems to me, than any wish to avoid a "race to the bottom".
Though the Schengen Agreement was not an enhanced cooperation, the enhanced cooperation mechanism is definitely inspired by the way Schengen was brought about. One also should think about the Eurozone as an enhanced cooperation of sorts. A vivid image of what should exist acts as a surrogate for reality. Pursuit of the image then prevents pursuit of the reality -- John K. Galbraith
