A4-0131/98

Draft Convention on jurisdiction, recognition and enforcement of judgments in matrimonial matters (13245/97 - C4-0063/98 - 97/0918 (CNS))

The draft was approved with the following amendments:

(Amendment 1)

Citation (new)

>Original text>

>Text following EP vote>

Having regard to the Treaty on European Union, and in particular Article K.3(2), second indent, point (c) thereof, and Article 220 of the EC Treaty;

(Amendment 2)

Recital 1 (new)

>Original text>

>Text following EP vote>

Whereas respect for the principle of non-discrimination on grounds of nationality must be guaranteed under this Convention and whereas compliance with this principle should be monitored by the Court of Justice,

(Amendment 3)

Recital 2 (new)

>Original text>

>Text following EP vote>

Whereas it is essential to protect the fundamental interests of children, in conformity in particular with the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, and having regard to the work undertaken in this area by the Mediator for Transnationally Abducted Children of the President of the European Parliament,

(Amendment 4)

Article 1(1a) (new)

>Original text>

>Text following EP vote>

1a. Proceedings relating to the status and legal capacity of natural persons, matrimonial property and financial obligations between the spouses or between the latter and their children shall be excluded from the scope of this Convention.

(Amendment 5)

Article 2(1), introduction

>Original text>

1. In matters relating to divorce, legal separation and marriage annulment, jurisdiction shall lie with the courts of the Member State:

>Text following EP vote>

1. Save as provided in this Convention and subject to the restrictions laid down in this article, in matters relating to divorce, legal separation and marriage annulment, jurisdiction shall lie, regardless of the nationality of the spouses, with the courts of the Member State:

(Amendment 6)

Article 3(1), 2nd and 3rd subparagraphs (new)

>Original text>

>Text following EP vote>

Without prejudice to the applicable provisions of domestic law, for the purposes of this Convention parental responsibility shall include the right to custody of the children and visiting rights under Article 3a of the Hague Convention of 19 October 1996.

>Original text>

>Text following EP vote>

Without prejudice to the applicable provisions of domestic law, for the purposes of this Convention the matters relating to parental responsibility shall include the exercise and the total or partial withdrawal of parental responsibility, as well as any measures adopted by the public authorities in relation to the minor concerned.

(Amendment 7)

Article 15(2)(b)

>Original text>

(b) if it was given, except in case of urgency,without the child having been given an opportunity to be heard, in violation of fundamental principles of procedure of the Member State in which recognition is sought,

>Text following EP vote>

(b)

if it was given, except in case of urgency, without the best interests of the child having been taken into account and without the child having been given an opportunity to be heard, in violation of fundamental principles of procedure of the Member State in which recognition is sought,

(Amendment 8)

Article 15b (new)

>Original text>

>Text following EP vote>

Article 15b

Where a Member State is required to recognize a divorce pursuant to the provisions of this Convention, it may not prohibit either of the spouses from contracting a new marriage on the grounds that the national law of a third country, of which the spouses are nationals, does not recognize that divorce.

(Amendment 9)

Title Va (new)

>Original text>

>Text following EP vote>

TITLE Va

LANGUAGES

Article 38a

1. Courts shall show the requisite flexibility with regard to the translation of documents drawn up in languages which are comprehensible to the courts and to the parties.

>Original text>

>Text following EP vote>

2. Courts shall deliver their judgments in the language prescribed by the Member State in which they sit. With a view to preventing a court in another Member State from incorrectly declaring that it has jurisdiction to hear the case, and also with a view to facilitating recognition and enforcement in other Member States, the courts shall issue certified declarations relating to the establishment of their jurisdiction or their judgments.

(Amendment 10)

Article 41a

>Original text>

1. This Convention shall apply without prejudice to the International Treaty (Concordat) between the Holy See and the Portuguese Republic, signed at Vatican City on 7 May 1940.

>Text following EP vote>

1.

This Convention shall apply without prejudice to the International Treaties (Concordats) between the Holy See and EU Member States.

>Original text>

2. Any decision as to the invalidity of a marriage taken under the International Treaty referred to in paragraph 1 shall be recognized in the Member States on the conditions laid down in Title III of this Convention.

>Text following EP vote>

2.

Any decision as to the invalidity of a marriage taken under the International Treaties referred to in paragraph 1 shall be recognized in the Member States on the conditions laid down in Title III of this Convention.

Legislative resolution embodying the opinion of the European Parliament on the draft Convention on jurisdiction, recognition and enforcement of judgements in matrimonial matters (13245/97 - C4-0063/98 - 97/0918 (CNS))(Consultation procedure)

The European Parliament,

- having regard to the Council draft (13245/97 - 97/0918 (CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0063/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Civil Liberties and Internal Affairs (A4-0131/98),

1. Approves the Council draft, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Instructs its President to forward this opinion to the Council and Commission.