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Simpler property rules for international couples

On the first day of the JHA Council meeting in Luxembourg, eighteen EU member states agreed to clarify the legal rules that apply to the property of married couples or registered partners in cross-border situations, for instance if the partners have different nationalities or live abroad. The proposed regulations will determine which country’s law is applicable and which court has jurisdiction in matters relating to a couple’s property in the event of divorce or the death of one of the partners. This will enhance legal certainty and will put an end to possibly conflicting proceedings in different member states. The rules will also make it easier to recognise and implement decisions on these matters in another member state.


Justice minister Ard van der Steur is delighted that the Council was able to reach a decision on this issue so quickly during the Netherlands Presidency. The decision has resolved the deadlock that existed on this question by authorising enhanced cooperation among 18 member states. The Commission, the European Parliament and the Council have all worked hard on this question over the past six months, and it is hoped that more member states will join in this enhanced cooperation once the proposals have been adopted.

Criminal justice in cyberspace

The justice ministers adopted two packages with conclusions on cybercrime. They contain concrete measures and a timeframe for follow-up actions to improve cooperation in the fight against cybercrime.

The conclusions are specifically aimed at putting in place concrete follow-up actions and steps to improve mutual judicial cooperation, to improve cooperation with internet providers, and to explore the scope for a common EU approach to law enforcement in cyberspace. The Commission was asked to present its results in these three areas in June 2017.

European Public Prosecutor’s Office

In relation to the European Public Prosecutor’s Office (EPPO), the ministers expressed their initial support for the most recent provisions that were discussed at expert level during the Netherlands Presidency. The Presidency asked the experts to continue their consultations, while taking account of the reservations that have been articulated by some of the delegations. It was also agreed that the matter cannot be considered as having been fully agreed until overall agreement has been reached on the text.

The provisions cover rules on managing individual cases and data protection, simplified procedures for prosecution, and general and financial provisions including staff remuneration. The EPPO regulation is designed to help tackle crime that damages the EU’s financial interests, by introducing a European Public Prosecutor’s Office with the authority to take action in this area.

 

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