Brussels, 02/03/2016 (Agence Europe) - On Wednesday 2 March, the European Commission published new proposals to clarify the rules applying to the marriage systems of international couples and how registered partnerships affect inheritance rules. It published a draft decision to allow the enhanced cooperation mechanism that 17 countries are involved in, and two draft regulations on marriage systems the impact of registered partnerships on inheritance rules.
The Commission explains in a press release that the proposals will draw up clear rules for divorce or decisions that put an end to potentially parallel and conflicting procedures in different member states, for example relating to ownership or joint bank accounts. The new rules clarify which law applies and which national court is competent in the event of divorce or death . They clarify the law applicable when the law of a number of member states could apply and facilitate the mutual recognition of decisions and rulings issued in the member states, explains the Commission.
Seven member states opted in 2011 to take part in an enhanced cooperation mechanism on divorce, namely Sweden, Belgium, Greece, Slovenia, Spain, France, Portugal, Malta, Italy, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria, Finland and Croatia.
The Council of Notaries of the European Union (CNUE) has welcomed the European Commission's proposals. CNUE president Paolo Pasqualis said they went in the right direction to improve legal security for couples in Europe. Moreover, they make a useful addition to the regulation on international inheritance, which has been in application since 17 August 2015. The CNUE hopes for rapid adoption of these instruments in the framework of enhanced cooperation involving the greatest number of member states. (Original version in French by Solenn Paulic)