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Malta wants legal assurance on divorce proposal
By MaltaMedia News
Jan 4, 2007 - 9:50:58 AM
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Malta has asked for an official
opt-put clause with regards to an initiative seeking to introduce
changes to divorce procedures in the European Union (EU). The
initiative could be blocked unless Malta receives legal assurance that
the measures will not be applicable to the island.
The proposal, published last July by the European Commission, allows
divorces for people who have married someone of different European
nationality or are no longer resident in their home country. The
proposal also enhances legal flexibility by giving spouses a limited
possibility to chose the applicable law and a competent court and
ensure access to court for EU citizens living in third counties.
Requiring unanimous agreement from all EU member states as stipulated
by the EU treaty, the proposal could be blocked in the light of Malta’s
objection to divorce. Malta is the only EU country which does not allow
divorce.
A government source told
The Times of Malta that “Although
the Commission is saying that Malta’s stand vis-à-vis divorce won’t be
affected by this proposal, we are still demanding a legal assurance.”
Last year Commission officials had told the newspaper that once Maltese
law does not allow divorce, no Maltese court has any jurisdiction over
divorce matters. However, uncomfortable with this interpretation, the
government is calling for a special clause which makes it clear that
the new legislation does not apply to Malta.
See also:
Divorce law proposal under fire by EU states -
Nov 17, 2006, 12:30 CET
© Copyright 2007 by MaltaMedia.com
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Latest update:
May 3, 2007 - 7:37:28 PM CET
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