In limbo for months due to Sweden’s veto, work to facilitate crossborder divorces in Europe is expected to be relaunched by the Spanish EU Presidency. The European Commission has therefore been asked to present a proposal for “enhanced cooperation”, since family law is one of the few areas of justice on which unanimity is still the rule, following entry into force of the Treaty of Lisbon.

Madrid has made it clear for quite some time that its objective in the field of justice is to take initiatives to combat violence against women, a serious problem in Spain. The debate on divorce is therefore expected to come back to the fore in the first half of 2010. For the last six months, the Swedes have done nothing to take forward the enhanced cooperation procedure requested of the Commission a year ago by ten member states ⁽¹⁾. Sweden prefers to keep its own divorce laws, which it considers more protective, and consequently vetoed the Commission’s proposal for harmonisation.

Since its proposal was rejected, the Commission has not been too keen on presenting a proposal for enhanced cooperation (a European tool that has never been used), fearing that the European legal area will become “overly fragmented”. But Viviane Reding, the Commissioner designate for Justice and Fundamental Rights, has been pressured by Spain and the executive could change its mind. Her aides point out that, in 2009, the commissioner from Luxembourg became a member of the general council of the Women’s Forum, which aims to promote women’s views on major issues.

“Madrid has already asked the new Commission to keep this proposal in mind and to inform it of its intentions as soon as possible”, said Spanish Justice Minister Francisco Caamaño Domínguez in late November. “Even if we run into difficulties with the Scandinavian countries, we expect to be able to work out a solution on this issue,” he added.

France, one of the countries seeking enhanced cooperation, will support the Spanish initiative, said Jean-Marie Bockel, state secretary at the Ministry of Justice and Freedom.

Some 350,000 crossborder marriages are celebrated every year in the EU and 170,000 divorces issued.

EUROPEAN OBSERVATORY ON VIOLENCE

The future trio of presidencies – Spain, Belgium and Hungary – that will each lead the EU for six months from 1 January 2010 have presented their common priorities. Spain will concentrate on civil rights, particularly separation, divorce and inheritance. To eradicate violence between the sexes, Madrid intends to propose to its EU partners the creation of a European observatory on this phenomenon. It also plans to adopt a European initiative on the protection of women so that security measures can be taken by national courts throughout the EU.

Another key initiative for Spain is to start up the process of making the Union a party to the European Convention on Human Rights, as stipulated in the Treaty of Lisbon.

In terms of the priorities of the upcoming Presidencies in justice and citizenship, Belgium will work on an EU initiative on investigations in criminal matters and Hungary will tackle violations of traffic regulations. The aims are mutual recognition of road traffic offences in the EU and mutual assistance in applying penalties, but without seeking harmonisation.

Another key initiative for Spain is to start up the process of making the Union a party to the European Convention on Human Rights  

The five-year Stockholm Programme (2010-2014)

More generally, the Spanish Council Presidency will have to launch implementation of the Stockholm Programme for Justice and Home Affairs, adopted by the EU-27 in mid-December. Madrid will first have to wait for the new Commission to take up its duties, particularly Home Affairs Commissioner Cecilia Malmström (Sweden) and Justice and Fundamental Rights Commissioner Viviane Reding (Luxembourg). Both will present action plans to the Council for concrete implementation of the programme.

In parallel, under the Treaty of Lisbon the European Parliament now has its say (in codecision with the Council) on transfers of personal data to third countries (e.g. the United States) and more generally on data protection (see other article).

On immigration and asylum, Spanish Prime Minister José Luis Rodríguez Zapatero has already observed that “the management of immigration is one of the most important challenges facing Europe”. He added: “We are well aware that we have contributed in recent years to giving substance to European immigration policy”. His goal now is “to combat ruthlessly the mafias that exploit the despair of the most humble” by taking forward the development of integrated immigration policies that involve cooperation with countries of origin and transit.

Three Justice and Home Affairs Councils are scheduled: 25-26 February in Brussels, 22-23 April in Luxembourg and 3-4 June in Brussels. An informal meeting of ministers will be held in Toledo on 20-22 January.

⁽¹⁾ Romania, Hungary, Austria, Spain, Italy, Slovenia, Luxembourg, Greece, Bulgaria and France