Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-20-Speech-1-118"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2008-10-20"^^xsd:date2
dcterms:Is Part Of	lp_eu:Applicable law in matrimonial matters – Amendment of regulation as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (debate)2
dcterms:Language	"pl"^^xsd:language2
lpv:document identification number	"en.20081020.14.1-118"2
lpv:hasSubsequent	lp_eu:2008-10-20-Speech-1-1192
lpv:speaker	lp:Lidia Joanna Geringer de Oedenberg2
lpv:spokenAs	member; PES (2004-07-20--2009-07-13)3 vice-chair; JURI (2007-01-31--2009-07-13)3 substitute; Delegation to the EU-Croatia Joint Parliamentary Committee (2004-09-15--2009-07-13)3 member; PETI (2007-11-28--2009-07-13)3 member; Delegation for relations with the countries of South Asia (2007-03-15--2009-07-13)3 member; Delegation to the Euro-Mediterranean Parliamentary Assembly (2007-03-15--2009-07-13)3 substitute; REGI (2007-02-14--2009-07-13)3 substitute; Delegation to the ACP-EU Joint Parliamentary Assembly (2006-11-09--2009-07-13)3 unknown; Sojusz Lewicy Demokratycznej - Unia Pracy (2004-07-20--2009-07-13)3 substitute; FEMM (2007-01-31--2009-07-13)3
lpv:translated text	"Increased social mobility has led to a higher number of mixed marriages and also of divorces. Difficulties have often arisen concerning the choice of law to apply when each member of a couple hails from a different EU Member State or when one partner is a EU national and the other is not. That is why harmonisation of the provisions on mixed marriages is urgently needed, so as to pre-empt discrimination during the divorce proceedings. The choice of jurisdiction should be made on the basis of access by both members of the couple to comprehensive information on the most important aspects of national and Community law. They should also be informed about the procedures relating to divorce and separation. The opportunity to choose the appropriate jurisdiction and law should not infringe the rights and equal opportunities of each of the spouses. Consequently, the choice of the law of a particular country must be a choice between the law of the state in which the marriage took place, or the law of the state in which the spouses have had their habitual residence for the last three years or the law of the country of origin. In addition, it seems appropriate to apply the so-called principle of the law of the state in which the court is located when there is a danger of discriminating against one of the spouses. One example could be the case of women from third countries where divorce is not recognised, but who are resident in the EU and apply for divorce or separation. In such situations, the benefits to the individual of obtaining a divorce or separation, as an expression of their independence as a person, should outweigh arguments for implementation of national law."@en1

Named graphs describing this resource:

The resource appears as object in 2 triples

Context graph