Procedure : 2005/0259(CNS)
Document stages in plenary
Document selected : A6-0456/2008

Texts tabled :

A6-0456/2008

Debates :

Votes :

PV 04/12/2008 - 7.3

Texts adopted :

P6_TA(2008)0574

REPORT     *
PDF 134kWORD 68k
20 November 2008
PE 415.265v02-00 A6-0456/2008

on the proposal for a Council regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

(14066/2008 – C6-0384/2008 – 2005/0259(CNS))

(Renewed consultation)

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Genowefa Grabowska

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

(14066/2008 – C6-0384/2008 – 2005/0259(CNS))

(Consultation procedure - renewed consultation)

The European Parliament,

–   having regard to the text of the Council draft (14066/2008),

–   having regard to the Commission proposal to the Council (COM(2005)0649),

–   having regard to its position of 13 December 2007(1),

–   having regard to Articles 61(c) and 67(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0384/2008),

–   having regard to Rules 51 and 55(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0456/2008),

1.  Approves the Council text;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

4.  Instructs its President to forward its position to the Council and the Commission.

(1)

Texts adopted, P6_TA(2007)0620.


EXPLANATORY STATEMENT

The rapporteur is very happy that finally the revised version of the regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations on which the European Parliament presented its opinion almost a year ago is presented. It is , however, a pity that we and more specifically the EU-Citizens have had to wait so long for this text.

This Regulation shall result in simplifying the lives of citizens. Simplicity is sought in the first place in the conduct of the proceedings necessary for the establishment of the maintenance claim. Following this, the Regulation provides that once the decision on maintenance obligations is taken in Member States, it will be legally binding on all Member States. The Regulation also organises an operational system of co-operation between the central authorities of the Member States in order to help creditors to recover their debt.

The rapporteur is glad that the European Parliament has been re-consulted on the revised text although she is still on the position that such an important text should have been prepared according to the rules of the co-decision procedure.

On the content the rapporteur would like to express that she is of the opinion that a lot of concerns of the European Parliament were taken into account (i.e. abolishment of the exequatur). The final result which is now on the table is a compromise which has her support. The rapporteur therefore decided to refrain from presenting amendments in order to have the final text available before the end of the year. It would make sure that EU-citizens could benefit from it as soon as possible.

The rapporteur would like to stress, however, the need for the continuation of the works on the enforcement procedures by the European Commission. She was happy to hear that there is such an intention and she really hopes that the citizens will be able to benefit from that as soon as possible. Effective enforcement is nevertheless key to ensuring that we will have a common, harmonised system of recognition and enforcement of maintenance decisions within the European Union.


PROCEDURE

Title

Jurisdiction and cooperation in maintenance obligations

References

14066/2008 – C6-0384/2008 – COM(2005)0649 – C6-0079/2006 – 2005/0259(CNS)

Date of consulting Parliament

23.2.2006

Committee responsible

       Date announced in plenary

LIBE

17.11.2008

Committee(s) asked for opinion(s)

       Date announced in plenary

JURI

17.11.2008

 

 

 

Not delivering opinions

       Date of decision

JURI

11.11.2008

 

 

 

Rapporteur(s)

       Date appointed

Genowefa Grabowska

1.6.2006

 

 

Discussed in committee

5.11.2008

17.11.2008

 

 

Date adopted

17.11.2008

 

 

 

Result of final vote

+:

–:

0:

44

0

0

Members present for the final vote

Alexander Alvaro, Catherine Boursier, Emine Bozkurt, Kathalijne Maria Buitenweg, Maddalena Calia, Jean-Marie Cavada, Fabio Ciani, Carlos Coelho, Elly de Groen-Kouwenhoven, Panayiotis Demetriou, Gérard Deprez, Agustín Díaz de Mera García Consuegra, Claudio Fava, Armando França, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Wolfgang Kreissl-Dörfler, Stavros Lambrinidis, Roselyne Lefrançois, Baroness Sarah Ludford, Javier Moreno Sánchez, Maria Grazia Pagano, Martine Roure, Sebastiano Sanzarello, Inger Segelström, Vladimir Urutchev, Ioannis Varvitsiotis, Manfred Weber, Tatjana Ždanoka

Substitute(s) present for the final vote

Marco Cappato, Carlo Casini, Elisabetta Gardini, Monica Giuntini, Genowefa Grabowska, Luis Herrero-Tejedor, Sophia in ‘t Veld, Ona Juknevičienė, Sylvia-Yvonne Kaufmann, Jörg Leichtfried, Nicolae Vlad Popa, Luca Romagnoli, Stefano Zappalà

Substitute(s) under Rule 178(2) present for the final vote

Inés Ayala Sender

Last updated: 21 November 2008Legal notice