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Monday, 20 October 2008 - Strasbourg OJ edition

Applicable law in matrimonial matters – Amendment of regulation as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (debate)
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  Panayiotis Demetriou, on behalf of the PPE-DE Group. – (EL) Madam President, first may I thank the rapporteur for the long period of cooperation leading up to the report tabled for debate before us today and remark that we held several meetings at which we discussed all the material.

Family law is a serious matter and the particular aspect which we are examining in connection with divorce, by which I mean jurisdiction and the choice of law, is and always has been one of the most serious aspects of family law.

May I point out that our policy is to support the institution of the family, not to encourage the dissolution of marriage. However, divorce is a social phenomenon nowadays and we must deal with it in reality. We do not wish to make it easier but, when a marriage reaches the point at which it cannot continue, we must be in a position to provide legitimate ways out, so that neither of the parties has to bear all the distress and punishment.

I do not believe that there is an easy way of choosing the applicable law in relation to divorce, but we could be clearer in terms of public policy and human rights in order to give the courts the powers of discretion to reject laws which are not in keeping with European customs, human rights and public policy.

As far as enhanced cooperation is concerned, I take the view that the Commission – and I congratulate you Commissioner on the position which you took today – should advance this matter even further so that we arrive, if possible, at the point at which enhanced cooperation is acceptable.

 
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