WRITTEN QUESTION E-2306/98

by Helwin Peter (PSE) , Hiltrud Breyer (V) and Doris Pack (PPE) to the Commission

(22 July 1998)

Subject: Marriage, family, parentage and divorce law in the EU Member States

1. The number of marriages between partners from different EU countries is increasing. All Member States have different marriage and family laws which have not yet been mutually recognized and which considerably inhibit the freedom of movement of EU citizens. In Germany a marriage is not possible, for example, unless a certificate of descent is presented. A French bride can, however, only obtain a certificate of origin in her home country. There is no EU provision which recognizes this document as equivalent and as a result an enormous amount of bureaucracy must be dealt with. How has the Commission sought to deal with the problem of non-uniform marriage and family legislation up to now? What results have been achieved?

2. The divorces of two EU citizens are also not recognized by other Member States. A German-Italian couple divorced in German is not automatically considered to be divorced in Italy. Children of a couple irrevocably bear the name of the father, which can cause problems if the child lives with the mother and the mother uses her maiden name, i.e. a different name from that of the child. What possibilities does the Commission see to achieve mutual recognition of the differing legal situations in the Member States?

3. Registrars often lack knowledge about the legal situation in another Member State. European registrars have pointed out the great need for expertise in this field. To what extent does the Commission consider that the drawing up of an EU information brochure and the introduction of specific further training possibilities would be useful? Is the Commission prepared to provide financial support for such options?

Answer given by Mrs Gradin on behalf of the Commission

(8 October 1998)

1. The Commission has not taken any initiative with regard to substantive law applicable to marriage and the family. With the entry into force of the Amsterdam Treaty, the Commission will be able to take any action which might be required on the matter.

2. With regard to the recognition of divorces granted in another Member State, the Council (Justice and Home Affairs) recently adopted a Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters (Brussels II Convention). This Convention, which must still be ratified by the Member States, provides that a decision granting a divorce in one Member State can be recorded in the civil-status records of another Member State without the need to follow any procedure. This Convention does not include any provision with regard to whether the children should bear the father's or the mother's name. This matter is governed by the private international law of the trial court.

3. It is for the Member States to ensure that registrars are supplied with the appropriate information. Nevertheless the Commission would recall that under the Grotius programme it can provide financial assistance for projects submitted to it by law professionals with a view to improving their knowledge of the legal and judicial culture of other Member States.