Ministers set to back use of enhanced co-operation; Opposing member states unlikely to block proposal.
EU justice ministers are expected next Friday (4 June) to allow 11 member states to set common rules for determining which domestic law should apply in divorce cases involving international couples.
At their meeting in Luxembourg the ministers are likely to back legislation that would, for example, allow a French husband and an Italian wife living in Austria to choose which of the three different jurisdictions should apply in their divorce. For cases where the couple cannot agree, common rules will be drafted to establish which country’s law should apply.
The agreement is also a breakthrough in that it will be the first use of enhanced co-operation, a facility in the EU treaty that allows a restricted group of member states to decide on common rules.
Unanimous support has never been achieved for the European Commission’s 2006 ‘Rome III’ proposal that sought to harmonise these rules. This prompted several member states to seek to use enhanced co-operation to determine which law should apply for those countries taking part.
Viviane Reding, the European commissioner for justice, fundamental rights and citizenship, submitted a legislative proposal on 24 March, following a request by ten member states – Bulgaria, Greece, Spain, France, Italy, Luxembourg, Hungary, Austria, Romania and Slovenia. The ten were joined in April by Germany and Belgium, while Greece withdrew its request in March. Other member states are expected to join in the coming months.
Approving the use of enhanced co-operation requires a qualified majority of member states and approval by the European Parliament.
Sweden opposes the measure because it fears that it could one day force its courts to implement less liberal legislation from other jurisdictions. The government has not yet decided how to vote next week. Malta is the only member state that does not allow divorce. Other member states are lukewarm about the idea of using enhanced co-operation in family law.
Justice and interior ministers will also discuss a draft directive on combating human trafficking, and a proposal by member states for a directive on a European protection order for victims of domestic violence, which Spain, the current holder of the rotating presidency of the Council of Ministers, now believes to be favoured by a sufficient number of member states. On both matters, only general outlines will be agreed.
The ministers will also be updated on counter-terrorism co-operation with the United States, including the ongoing negotiations on a new agreement to share data from international bank transfers through the SWIFT network.
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