ROMSO Cyprus Knowledge Base

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Council Regulation (EC) No 2016/1103 on the implementation of enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes governs matrimonial property regimes in cross-border, legal or contractual situations.

The EheGüVO is one of two regulations of the European Union on property regimes of natural persons (details that apply to both regulations, see: European property law regulations).

History

This Regulation, together with Regulation (EU) 2016/1104 (PartGüVO), forms part of the area of freedom, security and justice in which the free movement of persons is ensured. At its meeting in Tampere on 15 and 16 October 1999, the European Council supported the principle of mutual recognition of judgments and decisions of judicial authorities as the cornerstone of judicial cooperation in civil matters. The Council and the European Commission were invited to adopt a programme of measures to implement this principle. A programme of measures was subsequently adopted on 30 November 2000, which also offered the prospect of developing a legal instrument on matrimonial property regimes.

On the occasion of 4/5. A new programme entitled The Hague Programme for Strengthening Freedom, Security and Justice in the European Union, which was also the basis for the preparation of a Green Paper by the European Commission, was adopted in Brussels in 2004. The Green Paper on conflict-of-laws in the area of matrimonial property regimes, including the question of jurisdiction and mutual recognition, was subsequently drawn up on 17 November. adopted by the European Commission in July 2006 and on this basis launched a comprehensive consultation

At the European Council meeting of 10/11. December 2009 in Brussels, the Stockholm Programme – Adopted an open and secure Europe serving and protecting citizens, which was intended to extend the principle of mutual recognition of national decisions to areas which were not yet covered but which have a significant impact on citizens' everyday lives, such as the law on matrimonial property. This should take into account the legal systems, including public policy, and the national traditions of the Union Member States.

In the report on EU citizenship 2010 – Fewer obstacles to the exercise of EU citizenship rights of 27 November 2010 In October 2010, the European Commission announced the presentation of a legislative proposal to overcome obstacles to free movement and, in particular, the difficulties encountered by couples in managing or sharing their assets. The announcement