Strasbourg, 11/02/2003 (Agence Europe) - Against the opinion of the rapporteur, the European Parliament adopted, on Tuesday, the Santini report on freedom of movement within the EU for EU citizens and their families. He took a stance in favour of a wider definition of the notion of "family member" indirectly benefiting from freedom of movement. Most MEPs of the PES, ELDR and GUE/NGL groups, as well as all the Greens/EFA, voted for this notion to include the spouse, of whatever sex, in compliance with national legislation in application, as well as the registered partner, of either sex, and the unmarried partner, of either sex (with, in the last case, the explanation that the partner cannot be considered as a "family" member unless the legislation or practice of the host Member State or Member State of origin deals with the situation of unmarried couples in the same way as married couples and in respect of the conditions foreseen by this legislation). Inversely, nearly all EPP-ED members voted against, as did the members of the EDD group, who either voted against or abstained. The resolution as a whole was approved by 269 votes in favour, 225 against and 46 abstentions. The rapporteur himself voted against. The amendments approved in plenary had already been adopted by the parliamentary committee at the end of January, with the same divisions. Nonetheless, this is the first reading of the proposal of directive voted according to codecision procedure. Votes in favour of the report (269) do not reach qualified majority (315) needed in second reading.
Rapporteur Giacomo Santini (Forza Italia, EPP) explains that he could have supported the recognition of de facto couples of different sexes, but not that of same sex couples. He said in plenary that he refused to have the definition of "family" imposed on 13 States by just two States. Commissioner Antonio Vitorino stressed that the Commission could incorporate the majority of EP amendments into the amended proposal that it is to submit in the near future in addition to the amendments on the definition of a family. Recalling that the EU has no competence with regards family law, the Commissioner called for reference to national law. According to Mr Vitorino, one cannot ask a Member State to recognise a couple from another Member State and grant it the relevant rights if that State does not recognise that kind of couple according to its national legislation. The Commission proposes the term "spouse" without defining it, precisely to allow the definition to evolve.
Hubert Pirker, from Austria, who spoke on behalf of the EPP, gave his assurance that his group strongly supported the Commission's proposal and "all details" given by the Santini report, but requested acknowledgement that different Member States have different systems when it comes down to family law. Anna Terron i Cusi (PES) insisted on the amendments submitted by her group for doing away with the economic conditions of free movement. She also recalled that many European citizens already exercise the right to free movement, by living between two countries without registering in either. Giuseppe Di Lello (GUE/NGL), like Kathalijne Buitenweg (Greens/EFA), called for all gender discrimination to be abolished. Greek Socialist Anna Karamanou, speaking on behalf of the Committee on Women's Rights that she chairs, insisted on the situation of women who depend financially upon their husbands in the case of separation when the couple lived in another Member State before they separated.
Among the other amendments adopted, the EP calls for the decease of an EU citizen not to bring to an end the right to stay of the other members of the family of the deceased, and, in the same way, that divorce between an EU citizen and a third country national should not put an end to the right to stay of the latter unless the marriage has lasted less than two years.