Malta has asked for an official opt-out 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.
In turn, on Wednesday afternoon Alternattiva Demokratika (AD) criticised the Maltese government for what it dubbed as the "obstruction of EU plans to harmonise divorce laws". In a statement, the party Chairperson Harry Vassallo said "The Commission proposal is aimed at alleviating the misery caused by the differences in divorce laws across the EU. Malta's objection is extravagantly insensitive to the pain and suffering endured by hundreds of people across the EU involved in divorce proceedings across state borders. It is especially extravagant since the proposal as it stands does not affect Malta in any way."
The chairperson concluded by saying that "Instead of boasting of its obstruction to the EU proposal, the government should withdraw its objections at once and commence a serious public debate on the issue of divorce in Malta with a view to bringing our own laws in line with our own social reality."
See also:
Divorce law proposal under fire by EU states
By MaltaMedia News
Nov 17, 2006, 12:30 CET
Malta, Ireland opt out of EU divorce plans
By MaltaMedia News
Oct 11, 2006, 10:31 CET
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