Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-12-12-Speech-3-393"
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"en.20071212.36.3-393"2
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".
Madam President, let me begin by expressing my thanks. I want to thank the European Commission very much for its excellent cooperation at working level. I also thank the Committee on Civil Liberties, Justice and Home Affairs and the shadow rapporteurs, especially the Committee on Legal Affairs and Diana Wallis, who drafted its opinion, for their truly excellent cooperation. Mrs Wallis took on the heavy burden of convincing the Commission of the need for amendments to the legal basis.
I should perhaps start with the legal basis, given that the proposed resolution was referred to us under a procedure that is not acceptable to Parliament. We wanted the regulation to be adopted according to the codecision procedure, rather than the consultation procedure. I was therefore pleased to hear what the Commissioner told us, and I am aware of the Communication to the Council inviting it to give us that opportunity. I would add only one thing to what the Commissioner said.
I do not question the fact that the maintenance relationship arises out of family law. I would argue, however, that, taken as a whole, the maintenance relationship has a mixed character. The fact that it originates in family law does not mean that it remains within those bounds. It has consequences for the common market and the economic situation of both parties, i.e. that of the maintenance creditor and that of the debtor. We are accordingly entitled to extract the maintenance relationship from its origin in family law and associate the execution of maintenance obligations, not with family law, but with areas in which this Parliament holds itself competent, namely the common market, family care and human rights. In which case, it seems to me, there should be no difficulty in changing the procedure.
I therefore consider that this proposal warrants not only Council’s attention but acceptance by Council. In preparing this regulation we held hearings that were, in truth, one uninterrupted lament. Women, mainly, told us of the difficult situation in which they find themselves when they try to enforce maintenance payments for children whose other parent lives in a different country and appears not very interested in raising his child or paying for its upbringing.
Many different tricks are employed. I shall not mention them all but confine myself to one example. It is enough to change a single letter of ones surname in order to disappear in Europe almost without trace, and the maintenance obligation vanishes along with the debtor. By means of this regulation we seek to ensure that no maintenance debtor in Europe feels safe in thinking that by leaving the country in which a child remains for whom maintenance is not paid, by moving away into the open European Union in which internal borders have been lifted – especially now when the new Member States will be joining the Schengen area in a few days’ time – he can take advantage of a situation that works in favour of a person who does not take responsibility for his family.
Let me mention the two measures in the resolution that seem to me the most important and constitute an innovation. A maintenance order issued in the state in which the creditor normally resides will not have to be confirmed in the state in which the maintenance debtor is living. The regulation thus proposes abolishment of the ‘exequatur’ procedure. I realise this is something new, but if we want to ensure effective enforcement of maintenance obligations we must take that step. If we keep ‘exequatur’, the whole attempt to achieve effective enforcement falls by the wayside.
I realise we shall be respecting all the provisions adopted in the framework of the Hague Convention and Conference, but the international system grinds exceedingly slow, and the ratification of agreements in the sphere of private international law can take years. The European Union must go forward and ensure that children are provided for when their fathers or mothers forget about them. This regulation must therefore be implemented quickly for the good of the children. It not only takes care of the children but also protects the creditor. Therefore, thanking the Portuguese presidency for the work it put into preparation of the text, I place the matter in the hands of the Slovenian presidency in full confidence that it will see the text through to conclusion and that we shall obtain a good regulation."@en1
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