Brussels, 14/03/2005 (Agence Europe) - On Monday the European Commission published a Green Paper on the law applied by tribunals on divorce when couples are of a different nationality or who live in a Member State, which is not their own. With this document, it is launching a public consultation, which could result in a legislative proposal. The Commission criticised the “lack of legal security and flexibility” in the current situation. The document focuses on several examples - a Finnish-Swedish couple living in Ireland, an Italian couple living in Germany etc, to demonstrate the need for adopting European rules on choosing the competent law for settling divorce cases.
The Commission is calling on interested parties to indicate whether they support harmonisation of rules on legal conflict and those they would like to see adopted. It is also asking whether common-law spouses could to a certain extent choose the law applicable to their separation, together. The European Commission believes that provisions at a competent court and included in a Brussels II regulation of November 2003, could be revised. It is also asking if the different parties have to choose. The Green Paper should be on-line http: //http://www.europa.eu.int/comm/dgs/justice_home/index_en.htm. Comments have to be sent in before 30 September.