EESC opinion: Matrimonial property regimes and Property consequences of registered partnerships

Please note that this opinion covers two referrals and deals with both the proposal mentioned above and the proposal concerning property consequences of registered partnerships (COM(2011) 127 final – 2011/0060 (CNS))

Key points

• The EESC shares the Commission's view that legal uncertainty and discrimination regarding the property rights of international couples must be eliminated. It also considers it appropriate to adopt a legislative package made up of two separate regulations for the property regimes of married and registered couples.
• The Committee believes that any legislation in this area must be founded on legal certainty, predictability, easy and ready access to the courts, fair solutions, affordable costs and short timeframes, allowing exceptions only for reasons of public policy.
• The applicable law and jurisdiction should be decided at the time when the union is contracted.
• The EESC thinks that this could be an area in which it might be possible to adopt an optional European alternative, i.e. the so-called "28th regime".
• The Committee stresses the importance of ensuring the immediate enforceability of decisions, without triggering further procedures.
• The EESC recommends introducing an information and training system for the relevant court officials, legal practitioners and the public by setting up an interactive portal in all official EU languages.