Decision (EU) 2016/954 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships

Summary:

Decision authorising the establishment of an enhanced cooperation between a group of Member States of the European Union in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and jurisdiction applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

Further information:

This Decision was requested by a group of Member States following the inability to successfully adopt previous proposals on these matters due to lack of unanimity. From December 2015 to February 2016, seventeen countries showed the intention to establish an enhanced cooperation to overcome the deadlock - Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria and Finland. Cyprus joined the initiative at a later stage.

The proposed Decision was published on 2 March 2016 alongside two separate proposals implementing the enhanced cooperation:

• Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
• Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships

While 18 Member States adopted the proposals within this enhanced cooperation in 2016, other Member States could join at any point in time if they wished to.

• Primary Source

Commentary and Analysis

EurActiv, 22.10.18: Reform of EU family law https://www.euractiv.com/section/justice-home-affairs/special_report/reform-of-eu-family-law/

EPRS: At a Glance, June 2016: Rules on cross-border property regimes of spouses and registered partners http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA%282016%29583835

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Official

EUR-Lex: COM(2016)108: Proposal for a Council Decision authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:108:FIN

European Commission: Press Release, 02.03.16: Commission goes ahead with 17 Member States to clarify the rules applicable to property regimes for Europe’s international couples http://europa.eu/rapid/press-release_IP-16-449_en.htm

Council of the European Union: Press Release, 09.06.16: 18 EU countries agree to clarify rules on property regimes for international couples https://www.consilium.europa.eu/en/press/press-releases/2016/06/09/property-regimes-for-international-couples/

European Commission: 29.01.19: Property regimes for international couples in Europe: new rules apply in 18 Member States as of today http://europa.eu/rapid/press-release_IP-19-681_en.htm

EP: Legislative Train: Matrimonial property regimes and property consequences of registered partnerships - enhanced cooperation http://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-matrimonial-property-regimes-and-consequences-of-registered-partnerships

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