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Proposal for a Council Regulation (EC) on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsiblity for joint children. COM (99) 220 final, 4 April 1999

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untitled COMMISSION OF THE EUROPEAN COMMUNITIES Proposal for a Brussels, 04.05.1999 COM(1999) 220 final 99/0110 (CNS) COUNCIL REGULATION (EC) on jurisdiction and the reeognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children (presented by the Commission) Barbara Rectangle Barbara Sticky Note Completed set by Barbara User Rectangle ... EXPLANATORY MEMORANDUM Contents 1. GENERAL 1.1 Context 1.2 Negotiation of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters 2. PROPOSAL FOR A COUNCIL REGULATION 2.1 Subject-matter 2~2 Legal basis 3. JUSTIFICATION FOR PROPOSAL IN TERMS OF PROPORTIONALITY AND SUBSIDIARITY PRINCIPLES 4. INDIVIDUAL PROVISIONS 4.1 General Objective 4.2 Continuity 4.3 Adaptation 4.4 Concordance table 4.5 Individual Articles 2 -------------------------------------- ------- 1. GENERAL 1.1 Context By Article 2 of the Treaty on European Union, the Member States set themselves the objective of maintaining and developing the Union as an area of freedom, security and justice, in which the free movement of persons is assured and litigants can assert their rights, enj<?ying facilities equivalent to those they enjoy in the courts of their own country. To establish such an area the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the sound operation of the internal market. Reinforcement of judicial cooperation in civil matters, which many believe has developed- too slowly, represents a fundamental stage in the creation of a European judicial area which will bring tangible benefits for every Union citizen . The sound operation of the internal market creates a need to recognise and enforce judgments in matrimonial matters and in matters of parental responsibility. To this end, rapid procedures and legal certainty are of t

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