Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-21-Speech-2-950"
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"en.20081021.36.2-950"2
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"An increase in the number of married couples in the EU where the spouses are nationals of different EU or non-EU countries has been noted.
Consequently, the question of the choice of applicable law or competent court for a particular issue is arising ever more frequently.
The European Union needs effective conflict resolution provisions to determine legal competence.
As the number of divorces increases, so too does the number of cases of discrimination when seeking divorce or legal separation. The best-informed spouse takes the initiative and seizes the jurisdiction where the law best serves his or her interests. In so doing, this spouse is prejudging the competence of the legal system concerned.
In the case of marriages in which one of the spouses resides in a non-EU country, it may be difficult to find a court’s recognition of a divorce settlement granted in a non-EU country.
The report voted on today aims to ensure access by both spouses to reliable information concerning divorce and separation proceedings and also the main issues in national and Community law. It has rightly been recognised as vital for the interests of any child concerned to be taken into account in each case when choosing the applicable law."@en1
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