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Europe Daily Bulletin No. 9708
Contents Publication in full By article 15 / 36
GENERAL NEWS / (eu) eu/jha

EU reflects on beginning enhanced cooperation on divorce

Brussels, 22/07/2008 (Agence Europe) - The European Union is stepping up reflection on creating enhanced cooperation to circumvent the Swedish refusal to adopt the draft regulation on divorce, called Rome III. During the informal meeting in Cannes, the French EU Presidency had again noted that Stockholm will go further on the question of harmonising the conflict-of-law rules (EUROPE 9699). During a meeting of permanent representatives, on Wednesday 16 July, it was clear that the minimum number of member states, i.e. 8, was reached for enhanced cooperation to be launched. These countries include: Luxembourg, France, Spain, Italy, Slovenia, Austria, Greece and Hungary. Other countries, like Germany, Belgium and Romania, are waiting to see whether a sufficiently large number of states will launch into the adventure. Some, like the United Kingdom, Ireland and the Netherlands, also reserve the right to take part in this kind of cooperation once it has been launched. Only Poland, the Czech Republic and Finland seem really opposed to the principle. In order to launch the enhanced cooperation mechanism, it will be necessary for the eight countries mentioned above to put a request to the European Commission, which will then be responsible for making a proposal. During the meeting on Thursday, the Commission remained cautious, stating that it expected a formal initiative from eight member states or more in order to give its opinion. Should the Commission decide not to follow it up, the states interested could send their request directly to the Council, which would enact by qualified majority. For the time-being, the only certainty is the scope of enhanced cooperation, which would only cover applicable law and not competence given that the problem encountered by the Swedish only concerns the law applicable to divorce. Questions of a more political nature remain suspended. One diplomat said: “We seem to be getting there but the work is not facilitated by events surrounding the Lisbon Treaty”. “And then there must be a sufficient number of countries in support of enhanced cooperation. There mustn't be 10 or 15 of us when the problem only concerns one state at the base”, he said. A debate on the possible launch of enhanced cooperation will be held in Brussels on 24 and 25 July during the meeting of EU justice ministers. (B.C./transl.jl)

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