Proposals of the EC for regulations on property rights of “international” married couples and registered partnerships
On 16 March 2011 the Commission presented the proposals for two regulations on property rights of “international” married couples and registered partnerships:
- Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes,COM(2011) 126 of 16 March 2011;
- Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships, COM(2011) 127 of 16 March 2011
The purpose of these proposals is to establish a clear legal framework in the European Union for determining jurisdiction and the law applicable to matrimonial property regimes and facilitating the movement of decisions and instruments among the Member States.
The rules proposed are concerned only with cross-border cases.
The Regulations will not affect the nature of rights in rem relating to property, the classification of property and of rights, nor the determination of the prerogatives of the holder of such rights. The disclosure of property rights, in particular the functioning of the land register and the effects of an entry or failure to make an entry in this register, is also excluded from the scope of the Regulations.
Pursuant to Art. 81(3) TFEU the proposed regulations, as “measures concerning family law with cross-border implications”, are subject to a special legislative procedure: the Council shall act unanimously, after consulting the European Parliament. The second subparagraph of Art. 81(3), however, provides a “passerelle-clause”, under which “the Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure”. The third subparagraph of the provision grants to national Parliaments of the Member States a veto power, to be exercised within six months of the notification of the Commission’s proposal to enact the “passerelle”.
If these Proposals become Regulation they will derogate the respective rules of the Bulgarian Private International Code (Art. 8, Art. 79-81) or limit their scope of application (chapter 4).
