Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-11-15-Speech-3-300"
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"en.20061115.22.3-300"2
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".
Madam President, Mr Gargani, ladies and gentlemen, firstly, I would like to sincerely congratulate Chairman Gargani and the Committee on Legal Affairs for having drawn up a proposal which, if it is approved by this House – as I hope it will be – I will not hesitate to transform into a legislative proposal.
I too would like to begin with an observation. We have worked for a long time to gauge the opinions of legal operators, of experts in the field, and, above all, of the citizens of the European Union, on the possibility of having an instrument clearly identifying the applicable law and therefore making it easier to create a real European area in the sector of succession and wills.
Well, from the results of a survey conducted by Eurobarometer in July 2006 on the various aspects of family law in Europe, it has emerged that, on average, 80% of Europeans believe that recognition of succession and wills within the whole European area is necessary. There are, obviously, countries in which the consensus on this matter is even stronger: in Germany, for example, one of the great founding countries, and in Latvia, a smaller country, 92% consensus was recorded in favour of this kind of legislation; in my own country, Italy, the figure was 88%, as in Hungary. There has therefore been a wide response, showing that, on average, four fifths of Europeans are in favour of facilitating European regulation on succession and wills.
In March 2005, the Commission published a Green Paper on the subject, which has enabled us to gather hundreds of responses of great interest from academics, the legal profession and operators in the field. We have also gathered many good ideas from the hearing on transnational successions, which Parliament had the excellent idea of organising. Among other things, I can inform you that the Commission has, in turn, organised a public hearing on the same topic, to be held on 30 November. It will give us an opportunity to collect further ideas, which, I believe, together with Mr Gargani's report, will enable us to submit a legislative proposal in the near future.
The last subject on which I would like to comment briefly is that already touched on by Chairman Gargani, namely that of a European Certificate of Inheritance. I share the rapporteur’s view that, if we want a truly effective European instrument in this area, it must have binding effect within European territory. In this regard, many of you will remember other instruments of private international law on which we have reached an agreement. If a certain instrument, once adopted in one Member State, could be called into question every time in the other Member States in which it is to be applied – if it is not binding on them, in other words – one of the foundations of the area of free movement of decisions would be jeopardised.
Obviously, the objection could be made that a certificate of inheritance, as such, is always binding, since otherwise it would not be able to certify situations. However, I believe that in this case it would be appropriate to emphasise its binding nature, as we are creating, perhaps for the first time, a useful instrument for resolving the problem of movement among European citizens that is also shown through the recognition of wills, that is the problem of succession and wills. Allow me therefore to say in advance that I agree entirely with Mr Gargani."@en1
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