An internal European Commission paper notes that Malta is opposed to any proposal that would oblige Maltese courts to apply foreign law, according to The Irish Times.
The opposition means that similarly to Ireland, Malta will not be entering European Union (EU) negotiations which could allow divorces for people who have married someone of different European nationality or are no longer resident in their home country.
The EU proposal allows people to choose which legal jurisdiction they would come under, based on their nationalities or their residency, hence facilitating possibilities for divorce procedures in some cases.
In turn, the Irish government will not be participating in the debate on the implementation of new EU proposals on divorce and legal separation, revealed the Tánaiste and Irish Minister for Justice Michael McDowel.
A spokeswoman for the Government told The Irish Times that if Ireland were to adopt and implement the EU Commission proposal it would "allow EU nationals resident in Ireland to obtain a divorce in our courts on substantially different and less onerous grounds than provided for in our Constitution, as allowed by the referendum on divorce in 1995, ie four years' separation of the parties. It would also mean that the present constitutional requirement on Irish courts in divorce proceedings to allow divorce only where proper provision is made for the parties involved and for dependent children would not apply".
Due to concern that the EU proposal would facilitate couples in bypassing provisions introduced in Ireland following the 1995 constitutional amendment, "the Government has decided not to exercise the option to participate in the adoption and implementation of this measure", concluded the spokesperson.
See also:
EU Commission in bid to ease divorce laws
By MaltaMedia News
Jul 17, 2006, 09:14 CET
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