Procedure : 2018/2551(RSP)
Document stages in plenary
Document selected : O-000027/2018

Texts tabled :

O-000027/2018 (B8-0023/2018)

Debates :

PV 30/05/2018 - 24
CRE 30/05/2018 - 24

Votes :

Texts adopted :


Parliamentary questions
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1 March 2018
O-000027/2018
Question for oral answer O-000027/2018
to the Commission
Rule 128
Lidia Joanna Geringer de Oedenberg, on behalf of the Committee on Legal Affairs

 Subject: Extension of the scope of Chapter I of the Brussels IIa Regulation to include registered partnerships (recast)
 Answer in plenary 

The Brussels IIa Regulation is the cornerstone of judicial cooperation in family matters in the European Union. However, while the Regulation contains uniform rules on jurisdiction for divorce, separation and the annulment of marriage as well as for disputes over parental responsibility in cross-border situations, it does not mention separation or annulment in relation to registered partnerships, in spite of the fact that 19 Member States currently allow for couples to enter into such partnerships. Moreover, in a number of these states, adoption (either joint adoption, second parent adoption, or both), is allowed for a registered partner.

In its draft proposal for a new regulation (2016/0190 (CNS) (recast)), the Commission has still chosen not to extend the scope of Brussels IIa Regulation to registered partnerships. As marriage is often defined exclusively in opposite-sex terms, including in the Member States that recognise these partnerships, this leaves registered partners exposed to legal uncertainty in cross-border situations, particularly when children are involved. With reference to the above, and since Members cannot table amendments outside the scope of a recast, we would like to know:

– Why has the Commission excluded registered partnerships from the scope of the draft Brussels IIa Regulation, also in cases where the Member State of the competent court recognises this legal form?

– When does the Commission intend to extend the scope to registered partnerships to increase citizens’ access to justice in the EU and facilitate implementation of Article 47 of the Charter of Fundamental Rights, which guarantees the right to an effective remedy, as well as equal treatment of persons?

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