Brussels, 06/06/2008 (Agence Europe) - EU justice ministers have once again come up against a Swedish “no” when it comes to concluding an agreement on the proposal for a regulation on divorce (Rome III). The proposal, which requires unanimity, aims to clarify the competence and rules governing the law applicable to matrimonial matters. Sweden has categorically refused to rally to a compromise, saying it should not have to submit to laws other than its own in this field. The Presidency and the Commission have therefore called for more time to reflect in order to reach a compromise. “We shall not be leaving this text to one side”, Justice Commissioner Jacques Barrot told the press. The problem is that, with a view to entry into force of the Lisbon Treaty, a proposal on family law has still to be approved unanimously before it can be adopted. In such circumstances, the only possibility for member states wishing to move forward on this text remains the “enhanced cooperation” system. For now, the eight member states required for triggering cooperation have not been gathered. “But now is not the time to make wild guesses”, Mr Barrot said, suggesting that this mechanism should not give arguments to the Irish, who are very sensitive when it comes to divorce, so that they reject the Lisbon Treaty.
The Council was able to reach an agreement on the main element of a regulation intended to resolve conflict of law concerning the recovery of maintenance payments in the EU. In this case, ministers have decided to do away with the exequatur, so that, if the text is adopted, all decisions concerning maintenance payments may move freely from one member state to another without any form of control in the member state of enforcement, which will speed up recovery of maintenance due. Ministers reached a general approach on a draft framework decision relating to enforcement of judgments by default or in absentia (EUROPE 9674 and 9648). An agreement was finally reached on the main articles of a proposal intended to strengthen Eurojust. Italy was the only country to call for more time to consider the matter. (B.C./transl.jl)