Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships

What it is

to establish a clear legal framework in the European Union for determining jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: the increasing mobility of persons within an area without internal frontiers leads to a significant increase in the number of couples formed by nationals of different Member States who live in a Member State other than their own or acquire property in more than one Member State. These transnational couples face practical and legal difficulties , both in the daily management of their property and in its division if the couple separate or one of its members dies. The Committee on Legal Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Jean-Marie CAVADA (ADLE, FR) on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. The committee approved the Commission proposal subject to the introduction of a new definition of ‘ Member State ’ so as to cover only Member States participating in the Registered Partnerships Regulation , in line with the definition included in Article 3(1) of Council Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III). The European Parliament adopted by 490 votes to 68, with 34 abstentions, in the framework of a special legislative procedure (Parliament’s consultations), a legislative resolution on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. Parliament approved the Commission proposal without amendment. To recall, the aim of the proposal is to establish a clear, legal framework in the European Union for determining jurisdiction and the law applicable to the property consequences of registered partnerships. It therefore deals with matters of jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of a registered partnership. The rules proposed are concerned only with cross-border cases. PURPOSE: to provide for a set of rules applicable to the property consequences of registered partnerships in order to provide unmarried couples with legal certainty as to their property and offer them a degree of predictability. LEGISLATIVE ACT: Council Decision (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. CONTENT : the Regulation applies to those Member States participating in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering…

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