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The Commission is expected to propose allowing people to choose which legal
The Commission is expected to propose allowing people to choose which legal
游客
2023-12-29
30
管理
问题
The Commission is expected to propose allowing people to choose which legal jurisdiction they would come under, based on their (1) or their residency. But the proposal is set to (2) because of the very different laws on divorce that apply across the EU. The Commission wants to (3) problems over which law to apply when, for example, a married couple from one member state is (4) in another member state or when the couple is of different EU nationalities.
The (5) of member states are said to be (6) the idea and responded positively to a (6) which followed the (8) of a Commission Green Paper. With 15 percent of German divorces each year involving couples of different nationalities, the government of Berlin (9) see resolved the issue of which laws should apply.
But some member states are expected to resist the (10) which would involve allowing different divorce laws to be applied in their countries. For example, in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered (11) , a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be (12) quickly.
The Irish government’s (13) to the Commission on the Green Paper stated: "Ireland is not in favor of allowing (14) to choose the applicable law, as this could be open to abuse.., such abuse would be likely to (15) most on divorce regimes, such as that of Ireland, which require a relatively long separation period." Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such (16) but could (17) the proposal in the Council of Ministers since (18) approval will be required.
"It is going to lead to (19) ," said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the (20) of EU family law.
The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states. [br]
The Commission is expected to propose allowing people to choose which legal jurisdiction they would come under, based on their nationalities or their residency. But the proposal is set to run into difficulties because of the very different laws on divorce that apply across the EU.
The Commission wants to clear up problems over which law to apply when, for example, a married couple from one member state is resident in another member state or when the couple is of different EU nationalities.
The majority of member states are said to be in favor of the idea and responded positively to a consultation which followed the publication of a Commission Green Paper. With 15 percent of German divorces each year involving couples of different nationalities, the government of Berlin is particularly keen to see resolved the issue of which laws should apply.
But some member states are expected to resist the proposal which would involve allowing different divorce laws to be applied in their countries. For example, in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered mediation, a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be obtained quickly.
The Irish government’s submission to the Commission on the Green Paper stated, "Ireland is not in favor of allowing spouses to choose the applicable law, as this could be open to abuse.., such abuse would be likely to impact most on divorce regimes, such as that of Ireland, which require a relatively long separation period."
Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such safeguard but could veto the proposal in the Council of Ministers since unanimous approval will be required.
"It is going to lead to a two-tier situation," said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the harmonization of EU family law.
The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states.
选项
答案
a two-tier situation
解析
名词词组。本题要求把握全文主要内容。全文讨论了欧盟提出关于离婚议案在各国的反响。有些国家表示支持,但有些国家反对,这就造成了a two-tier situation“两级体系情况”。
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