The first instance of "enhanced cooperation" between a limited number of member states, has become a reality, more than two decades after the procedure was first introduced into the EU. Overcoming years of blockage in Council, 14 like-minded members states agreed to launch an enhanced cooperation process covering divorce between "international" couples. The EP approved the use of the procedure earlier today by 615-30 votes, following approval at the committee stage.
The divorce issue has been deadlocked since 2006. A total of 14 countries supported the breakthrough on divorce: Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta (where there is legal separation but no divorce), Portugal, Romania, Slovenia and Spain.
The main provision is that international couples be allowed to choose to divorce in either one of their countries of origin or their common country of residence. Until now divorce courts had to sort out relevant legislation of all States involved.
Polish Rapporteur Tadeusz Zwiefka (EPP) said in his report that the new rules "ensure that these intrinsically painful episodes in their lives are not made even more difficult to bear by the difficulties associated with the courts’ having to deal with the problems of applicable law, which are hard to comprehend even for many lawyers".
Enhanced cooperation
Enhanced cooperation was initially introduced by Amsterdam Treaty of 1999 as an agreement between at least one third of Member States (i.e. 9 now) to submit to EU legislation. Such cooperation will not affect the other States, but will also not discriminate against them or exclude any who wish to join.
It is a measure of last resort that can only be introduced if it is determined that there is zero chance of agreement for or against a measure in the Council.
It cannot go beyond or contravene the EU legal order and must be approved by the Commission and the Council by qualified majority (i.e. no veto) and receive the assent of EP. The European Commission will oversee its application, like for any other EU legislation.
However, the EP is subsequently only consulted on the issue at hand, in this case divorce. Parliament's resolution asks for full powers of co-decision be accorded to EP in this matter.
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