Recently in Frankfurt, a court refused to hear the case of a German national of Moroccan origin living in Germany who was suing her Moroccan husband for divorce on grounds of domestic violence (threat to her life). The judge refused to hear the case for possible divorce within a period of less than one year pursuant to Article 1565 of the Civil Code. The judge stated that since the two parties were of Moroccan origin, the relevant Article could not be applied as the behaviour of the husband was not contrary to the practice of the Koran.
What is the Commission's view of such a violation of the fundamental rights of a national of a Member State of the EU and the failure to apply and provide justice pursuant to the relevant national legislation and the Community acquis? Does it agree that this dimension should be examined in greater detail in the context of the dual process of integration of immigrants (respect for the rights of immigrants - respect for the rules and values of the Member States)?
The last Annual Report on Immigration and Integration(1) makes no reference to the subject of domestic violence, crimes of honour, forced marriages and other discrimination faced by immigrant women. Will the Commission examine and include these subjects in its next annual report?