Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-03-12-Speech-1-139-000"
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"en.20120312.19.1-139-000"2
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".
Mr President, Commissioner, ladies and gentlemen, we are in the process of re-regulating succession and family law in respect of which law is to be applied, which courts have competence and the recognition and enforcement of judgments from other countries. We have done so already in respect of the arrangement of child support and divorce law. Tomorrow we will be voting on the law of succession, and marital property law will follow.
As Mr Lehne has already said, in the plenary today we are not discussing any old abstract political issues. Instead, we are helping our citizens in a quite tangible way to solve what are currently in some ways irresolvable problems. In the worst case scenario it can happen in a cross-border succession case that the heirs appeal to the highest instance of the courts in different Member States, spend a great deal of time and money and that there are then two contradicting decisions because each of the courts applies the law in that Member State. The aim is for such situations to be avoided in future.
We are on the verge of a change of system when it comes to succession law. In future, the entire succession will be in the competence of the courts of the Member State in the territory of which the bequeather was habitually resident at the time of their death. This is because we are working on the basis that people have a stronger relationship with the country in which they reside. However, someone who, by way of example, as a German permanently resident in Strasbourg, regards him- or herself as having a closer connection with Germany, can choose to have German law apply to their succession. In order to avoid a French court having to apply complicated German succession law, there is, in such circumstances, also a provision for the succession to be brought before a German probate court. Meanwhile, those who like to winter in Mallorca need have no fear either, as, wherever you go on holiday, it does not constitute habitual residence in the country in which you holiday.
Furthermore, this regulation will not affect inheritance tax. Denmark, the United Kingdom and Ireland, as we have heard, will not initially be involved as a result of their opt-outs. That is a shame, as so many Britons, in particular, have holiday homes in southern Europe and these would then also be subject to the common law and not, as up to now, to the law of the Member State in which the land is located. A major information campaign will be necessary. I would also like to thank Mr Lechner once again for his comprehensive work and for the solution that he reached. His work shows how important it is that this Parliament should contain not only career politicians but also professionals from other walks of life."@en1
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