European Parliament Reports on Property Rights for Couples

On 21 August 2013, the Committee on Legal Affairs of the European Parliament issued its 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 (COM(2011)0126 – C7-0093/2011 – 2011/0059(CNS)).

The procedure file of the proposal is available here. The rapporteur was Alexandra Thein.

On the same day, the same Committee also released another report: 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 (COM(2011)0127 – C7-0094/2011 – 2011/0060(CNS)).

The procedure file of the proposal is available here. The rapporteur was again Alexandra Thein.

According to the final draft agenda of the Parliament, a joint debate took place yesterday on the property rights for couples in the EU, namely on the two above-mentioned reports. The final draft agenda is available here.

H/T: Edina Márton

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About Gilles Cuniberti

Gilles Cuniberti is a professor of law at the University of Luxembourg. Previously, he taught for 10 years at the Faculty of Law of Paris 12 University (Paris Val-de-Marne). His primary teaching and research interests are comparative law, conflict of laws, international arbitration and international litigation. He is a regular contributor to the Journal de Droit International (Clunet). He has been a visiting faculty at Duke Law School, Renmin University of China and Sheffield Hallam University. He holds a Doctorate in Law from Paris I Panthéon-Sorbonne University and an LL.M. degree from Yale Law School. He was also a Paris-Oxford Doctoral Program Scholar for a year at Trinity College, Oxford. He is admitted to the Paris Bar and practiced on a part-time basis in the Paris office of a leading English firm from 1999 to 2004. SELECTED ARTICLES: Beyond Contract - The Case for Default Arbitration in International commercial Disputes, 32 FORDHAM INT'L L.J. 417 (2009) Le principe de territorialité des voies d'exécution, JOURNAL DU DROIT INTERNATIONAL 2008.963 The Recognition of Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency, 57 INT’L & COMP. L. Q. 25 (2008) L’apprezzamento dell’efficacia della clausola arbitrale da parte del giudice statale : un conflitto tra Italia e Francia, 21 DIRITTO COMMERCIO INTERNAZIONALE 2007.789 (with M. Winkler) E-mail: gilles.cuniberti@conflictoflaws.net

2 thoughts on “European Parliament Reports on Property Rights for Couples

  1. Jan von Hein

    With due respect for the considerable efforts made by the rapporteur and the other EP members, there are two points in the revised draft referring to general principles of PIL which do not appear fully convincing. First of all, the reformulation of the Commission’s proposal for overriding mandatory provisions is not made clearer by the proposed amendment 69. Whereas modern conflicts doctrine and the existing EU conflicts regulations clearly distinguish between a special connection devised for internationally mandatory rules (“Eingriffsnormen”) on the one hand (see Articles 9 Rome , 16 Rome II), and a primarily “negative” function of public policy on the other (cf. Articles 21 Rome I, 26 Rome II), Amendment 69 mixes the two concepts by describing overriding mandatory provisions as “provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned”. This brings us back to the notion of a “positive” public policy clause that has a venerable tradition in the romanic legal family, but which is not supported by the more differentiated EU legislation so far. Moreover, it begs the question why such a provision should be necessary if there is already a general public policy clause in Art. 23.
    Apart from that, it is quite surprising that, in spite of the ambition to ensure coherence with the Regulation on successions, renvoi (Article 24) remains — contrary to Article 34 of the Successions Regulation — totally excluded, even in relations with third states, which is merely justified by a reference to the Rome I Regulation (Amendment 71). Why this should be so (coherence with Rome III, perhaps?) remains a mystery.
    Is it really necessary to reinvent the wheel every time that another EU Regulation on the conflict of laws is prepared? Or do we need a Rome-0-Regulation, after all? See http://conflictoflaws.net/2013/do-we-need-a-rome-0-regulation/

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