EU fails to agree on simplified divorce rules
RENATA GOLDIROVA
06.06.2008 @ 15:47 CET
EUOBSERVER / LUXEMBOURG – EU member states have once again failed to reach an agreement on setting out common rules for divorce between couples of different European nationality.
France, taking on the EU presidency in the second half of this year, will inherit the thorny dossier which aims at simplifying the application of divorce law across the 27-nation bloc.
Some 170,000 out of 845,000 divorces annually involve couples of different nationalities (Photo: European Commission)
"Today's discussion was quite detailed and it became clear that it would be more sensible to take a period of reflection," said Slovene justice minister Lovro Sturm after a meeting with his counterparts in Luxembourg on Friday (6 June).
It is unclear when the union will return to the highly-sensitive issue.
According to diplomats, three countries - Sweden, the Czech Republic and the Netherlands - refused to approve EU-wide rules, which should allow mixed couples a certain degree of autonomy in choosing the court and applicable law in case of divorce.
Currently, some 170,000 out of 845,000 divorces annually involve couples of different nationalities.
Under the proposal, if a Czech-German couple living in Belgium decide to divorce, spouses would be allowed to choose a competent court and the law to apply to their case. Should they fail to agree, the couple would be automatically referred to a court in Belgium, the place of their residence.
In an attempt to reach a compromise, France earlier this month floated the idea of enhanced cooperation - a mechanism allowing a group of member states to move ahead in one particular area, even though other states are opposed.
Under current EU rules, at least eight states must team up, while the Lisbon Treaty requires a group of nine governments.
France, Italy, Luxembourg and Spain are eager to take the path of closer cooperation, say diplomats. Estonia, Poland and Portugal said they were willing to consider the option, although they warned against the political consequences of setting a precedent.
On the other hand, Denmark, Ireland, Sweden and the UK indicated they will not participate in simplified divorce procedures. Malta, which does not permit divorce at all, secured itself a permanent opt-out from possible EU-wide rules.
