Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-12-12-Speech-3-398"
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"en.20071212.36.3-398"2
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"Mr President, ladies and gentlemen, the purpose of the report we are examining is to eliminate most of the obstacles to the recovery of maintenance in Europe, making it possible to establish a legal context in keeping with the legitimate expectations of maintenance creditors.
The most significant starting point is that in the vast majority of cases the maintenance creditor is the weaker party and therefore needs very vigorous protection, and it is evident that the main problem lies in the actual circumstances of maintenance debtors. However, it is advisable to do at least what is possible, i.e. to eliminate any unnecessary red tape and to make the applicable law certain, to establish a preference for the law of the place of residence of the creditor and to give immediate effect to the legal decision under which maintenance has to be paid, even in countries other than the country in which the decision has been given.
The Committee on Legal Affairs, called upon to give an opinion under the enhanced cooperation procedure on jurisdiction, applicable law and enforcement of decisions in matters relating to maintenance obligations, has played an important role in the drafting of the text, achieving a major compromise agreement between the main political groups, for which I should like publicly to thank Mrs Wallis. The main aims of the amendments tabled by the Committee on Legal Affairs are to draw up a clear definition of maintenance obligations, extend the scope of application, protect the most vulnerable parties involved and simplify the proposed text.
It has been necessary to draw up an unambiguous definition of maintenance obligations and to include in the scope of the regulation all orders relating to the payment of lump sums. Particular attention has been paid – as I have said – to the most vulnerable parties and, here, the text of the regulation needs to be further simplified. In conclusion, as my speaking time has come to a end, I am sure that the PPE-DE Group will give this decision its full support."@en1
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