WRITTEN QUESTION P-2314/02

by Françoise Grossetête (PPE-DE) to the Commission

(19 July 2002)

Subject: Legal implications of marriages between EU citizens of different nationalities

In the European Union there are many marriages between partners who are nationals of different Member States, which raises a number of legal questions, including the following:

Where two Europeans of different nationalities marry, can the partners acquire dual nationality on the basis of the marriage certificate if they so wish?

Where two EU citizens of different nationalities marry, what, in the opinion of the Commission, is the legal value of a private agreement signed by the two partners regarding parental authority or responsibility for a child born of the marriage?

If no firm decisions have yet been taken on these matters, what approach does the Commission propose to take to these issues arising from the differing marital and family laws in the Member States?

Answer given by Mr Vitorino on behalf of the Commission

(23 September 2002)

As regards the acquisition of dual nationality by marriage between two Community nationals of different nationalities, the Commission would inform the Honourable Member that there are no Community rules on the acquisition of nationality. The ways in which nationality is acquired and the conditions under which this takes place are governed by the national rules of each Member State.

The Honourable Member raises the issue of the legal status of a private document signed by both parents, in the context of marriage between two Community nationals of different nationalities, regarding parental responsibility for a child born of this marriage. Although such a situation is not governed by Community rules, the question of the basis for parental responsibility is referred to in the Commission's proposal on

parental responsibility of 3 May 2002(1). Under Article 2 of this proposal, the rights and duties associated with parental responsibility may result, inter alia, from an agreement having legal effect. The definition of an agreement having legal effect under the national legal systems concerned has yet to be established, but would, in general, imply that the agreement had been approved or authorised by administrative or judicial authorities.

As regards the difference between the national legal systems of the Member States with regard to marriage and family law, the Justice and Home Affairs Council adopted a programme of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters on 30 November 2000. This programme provides for the reduction of the interim measures which slow down the implementation of decisions in various areas, including that of family law. The programme identifies child visiting rights and maintenance claims as areas in which immediate progress is needed.

Council Regulation (EC) No 1347/2000(2) (the Brussels II Regulation), which has been in force since 1 March 2001, lays down common rules on jurisdiction, and the recognition and implementation of decisions on marriage and parental responsibility for joint children. The Commission also adopted a proposal on 3 May 2002 which is currently under discussion. This proposal seeks to broaden the field of application of the Brussels II Regulation to include all decisions on parental responsibility and to introduce provisions on child abduction and trans-border visiting rights.

It may be seen from the above that the Commission's initiatives in the field of family law, a highly sensitive area in which divergences between national legislation often reflect historical and cultural differences, relate to mutual recognition of decisions, not the harmonisation of substantive law.

(1) COM(2002) 222 final.

(2) Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses OJ L 160, 30.6.2000.