| Author (Corporate) | Council of the European Union |
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| Series Title | Official Journal of the European Union |
| Series Details | L 183 |
| Publication Date | 08/07/2016 |
| Content Type | Legislation |
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Summary: Council Regulation (EU) 2016/1103 adopted in June 2016, which establishes a legal framework in the European Union for determining jurisdiction and the law applicable to matrimonial property regimes and to facilitate the circulation of decisions and instruments on this matter among Member States. Further information: The increasing mobility of persons within an area without internal frontiers leads to a significant increase in the number of couples formed by nationals of different Member States who live in a Member State other than their own or acquire property in more than one Member State. These transnational couples face practical and legal difficulties both in the daily management of their property and in its division if the couple separate or one of its members dies. These difficulties often result from the great disparities between the applicable rules governing the property effects of marriage, both in substantive law and in private international law. In March 2011, the European Commission published a proposal on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes. This proposal was discussed for a long period by Member States and, in December 2015, the Council of the European Union concluded that - while required - no unanimity could be reached for the adoption of this draft law that therefore the objectives of cooperation in this area could not be attained within a reasonable period by the EU as a whole. The Council also noted that several Member States expressed their readiness to give positive consideration to the establishment of enhanced cooperation on the matters covered by the proposals. From December 2015 to February 2016, a group of countries showed the intention to establish an enhanced cooperation to overcome the deadlock and requested the European Commission to put forward a Decision to establish an enhanced cooperation. The proposed Decision was published on 2 March 2016 alongside two separate proposals implementing the enhanced cooperation, including the present one. The Council of the European Union adopted the two draft laws on 24 June 2016. They became effective on 29 January 2019. |
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| Source Link | http://data.europa.eu/eli/reg/2016/1103/oj |
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| Subject Categories | Justice and Home Affairs |
| Subject Tags | Police | Judicial Cooperation |
| Keywords | Family Affairs, Private Law |
| International Organisations | European Union [EU] |
