European Parliament Consents to the Enhanced Co-Operation Procedure

Yesterday I blogged about the attempt by 12 member states the use the Enhanced Co-Operation Procedure in the area of divorce. This morning the Civil Liberties, Justice and Home Affairs committee voted to accept a report by MEP Tadeusz Zwiefka (EPP/PL) to allow the procedure to be used by the 12 countries.

The draft recommendation can be read here (PDF)

The Parliament has requested that the ordinary legislative procedure be used when it comes to the final regulation. We will see what the Council decides.

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A European Divorce


Tomorrow the European Parliaments Committee on Civil Liberties, Justice and Home Affairs will hear about the state of play on the first use of the Enhanced Co-Operation Procedure. 12 member states are proposing new rules in regards to Divorce and when it is of a trans-national nature.

To me this is a perfect use of the Enhanced Co-operation procedure as it can mean couples can choose the law that suits them most. For example a German married to Italian but living in Spain, have the choice to choose between German, Italian and Spanish law when it comes to their case. It also means that these rules will have no bearings on Malta, where divorce is illegal, and Ireland, where divorce is a long wait.

The 12 member states who want this are:

  • France
  • Italy
  • Spain
  • Austria
  • Hungary
  • Slovenia
  • Luxembourg
  • Romania
  • Bulgaria
  • Belgium
  • Germany
  • Latvia

Greece was initially on board but withdrew.

Under the current rules 9 member states are the minimum required to use the enhanced co-operation procedure. No member state can veto the use of procedure (except in the area of Foreign Affairs).

It will be interesting to see this in action.

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UCC Seminar on Civil Partnership Legislation

The Free Legal Advice Centre, University College Cork

Invites you to attend

A Seminar on Civil Partnership Legislation

Organised in Conjunction with the UCC Law Society and UCC Lesbian, Gay, Bisexual and Transgendered Society

Speakers: Deirdre Duffy, Irish Council for Civil Liberties, Noel Doherty, FitzGerald Solicitors, Toddy Hogan, L.InC and Dr. Ursula Kilkelly (Chair).

At 6.15pm, 11th December 2008
Council Chambers, North Wing (Quad)

University College Cork

A social event will take place after the seminar

If you are around tomorrow do head along. I would go but am working till 8.

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