The Ministers of Justice of the European Union met today to discuss the future of judicial cooperation in the fields of family law and the law of succession. "We all agree that we have made significant progress in recent years regarding the question of jurisdiction and the mutual recognition and enforcement of judgments. Our task now is to continue along this path. International family relationships are constantly on the increase in Europe and, consequently, the number of conflicts in the fields of family law and the law of succession is inevitably also growing. It is therefore our intention to further accelerate cross-border proceedings," JHA Council President Brigitte Zypries, Federal Minister of Justice, stated in Dresden.
Cross-border conflicts in the fields of family and succession law often result in lengthy legal disputes with unpredictable outcomes. This is because the legal systems in Europe differ greatly from one another in certain areas of family and succession law, such as in respect of the form and structure that shared family life takes, i.e. that of traditional marriage or other types of union which are legally recognised in some Member States (for example, same-sex civil unions). The differences concerning the legal possibilities for dissolution of marriage and unions of a similar nature, as well as the consequences thereof, are also significant. This means that the consequences for those concerned can vary greatly depending on which country's law is applicable to a marriage, a maintenance claim or an inheritance. The Ministers of Justice are therefore in agreement that there is a need for further action to be taken in the fields of family law and law of succession.
Example: Under Austrian law, a marriage can be dissolved subject to mutual consent following a six-month separation period, whereas Irish divorce law, for example, requires a four-year separation period. In Germany, on the other hand, the required period for separation is one year.
The aim of the new rules is to grant European citizens not only greater legal certainty and predictability, but also greater freedom and flexibility concerning the way they choose to organise their relationships in terms of family law. The objective is thus to strengthen the autonomy of the parties also in the fields of family and succession law. Whilst the Member States are united in their objective, opinions differ as to how best to achieve it. The majority of the Ministers of Justice hold the view that the aim is not only to improve the international procedural rules applicable to cross-border cases, but also to harmonise private international law in the areas of family and succession law.
However, a number of Justice Ministers have voiced some concerns insofar as this goal of creating uniform rules of private international law would entail their courts having to apply foreign law. These concerns are to a certain degree influenced by the fact that, especially in the areas of family and succession law, Member States' legislation is shaped by their own particular cultures and traditions.
"We take these concerns seriously and will continue to build on the results of negotiations that have so far been achieved, using the Commission’s proposals for Regulations and today’s discussions as a basis. Our priority is to find practicable solutions for European citizens; as far as this goal is concerned, we are all in agreement," said JHA Council President and Federal Minister of Justice, Brigitte Zypries.
