Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-21-Speech-2-268"
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"en.20081021.36.2-268"2
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"The new legislation we are being proposed concerns divorce for ‘international couples’, that is, couples in which the spouses are of a different nationality or who live in different Member States.
At issue here is fixing the rules relative to the competent jurisdiction and applicable law in order to offset the legal insecurity that prevails in this area. At present, the applicable law is determined according to national laws regarding conflict of law, themselves being highly disparate among the various Member States, as well as being complex. The majority of Member States determine the applicable law in accordance with criteria of reattachment or of residence (
). Other Member States systematically apply their national law (
) which, obviously, can lead to applying a law with which the spouses have only tenuous links and to a result that is not in keeping with legal certainty.
This new regulation proposes that we harmonise these rules of conflict of laws. We are in favour of this, as it should introduce more predictability into what remains a dramatic situation and do so in the interests, in particular, of the security to which children, who are too often the victims of the separation of their parents, are entitled."@en1
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"lex loci"1
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The resource appears as object in 2 triples