Brussels, 23/01/2009 (Agence Europe) - No fewer five member states, on Thursday 22 January, called on the European Commission to swiftly bring forward a preliminary draft proposal on enhanced cooperation in cases of cross-border divorce to try to bring those countries still undecided on board.
Luxembourg, Italy, Spain and Austria joined with France in calling on the Commission to circulate an unofficial document outlining a possible proposal for enhanced cooperation to harmonise the choice of law rules so that the applicable law in matters matrimonial (in particular, divorce) can be determined. This initiative, presented by France at the meeting of Permanent Representatives to the EU, was also backed by Belgium. “Such a document could help member states which are cautious about proceeding to have a clearer idea of what is meant by enhanced cooperation,” said a diplomat. For the moment, the European Commission has simply said that the matter would have to be referred to the College of Commissioners so that a decision can be taken.
At the informal meeting of justice ministers, which took place in Prague on 17 January, the Commission said that it was not yet in a position to be able to respond to the request for enhanced cooperation put forward by 10 member states (see EUROIPE 9820). No agreement could be reached, therefore, at that meeting. “The Commission stopped things a bit short by saying that there were 10 member states in favour and 11 against,” said a diplomat. “This is quite surprising and, institutionally, not altogether proper,” he went on, “because it's not what the Treaty currently says”. The Treaty states that enhanced cooperation requires eight member states for it to be put in place. “It must be noted that, with the proposal for a regulation, known as Rome III, a good 20 member states were in agreement that they should forge ahead,” the diplomat said.
In presenting his programme to the MEPs on the European Parliament civil liberties committee (Libe) on Tuesday 20 January, Czech Justice Minister Jiøí Pospìšil acknowledged that this was probably the most contentious of those for which he had responsibility. “10 member states are in favour of enhanced cooperation, a third is against, and the remainder awaits a proposal,” he said, stressing that “less than half of member states want enhanced cooperation”. He pointed out, “It is up to the Commission to decide whether or not it wants to bring forward a proposal on enhanced cooperation”. If the Commission does bring forward a proposal, however, the Czech Presidency is prepared to debate and lead member states' discussions towards concrete conclusions, Pospìšil indicated. (B.C./transl.rt)