EU member states are lining up to attack a European Commission proposal to establish common rules for cross-border divorces which could - in an extreme scenario - see Iranian divorce rules applied in European courts in future.The proposal, dubbed 'Rome III' was made to 'harmonize' the way in which EU member states would deal with cross-border marriages breaking up.
The commission argues it will give clarity and prevent disputes related to "shopping" for jurisdictions, so that if the couple in the example divorced but could not agree whether to do it under Irish, Finnish or Belgian law, Rome III would impose the law of the country where they live or have the strongest ties to.So far so good, but here's where it gets ehmmm... counterproductive.
In cases involving non-EU citizens or non-EU states, Rome III would also favour a legislature to which both spouses have a strong connection, with a Swedish justice ministry document plotting a potential scenario in which European courts have to deal with a dispute under Iranian law.As our cousins across the great water are fond of saying: No shit, Sherlock! How did we end up in a world where we cough up taxes to pay handsome salaries to people that come up with this shit? Such people should be fired (at?) and driven out of town, country and continent.
The Swedish view of Rome III imagines a Swedish woman who marries an Iranian man in Sweden and emigrates to Iran but after several years decides to leave both her spouse and his country and go home. "The proposal means that Iranian divorce law would be applied by the Swedish court," the justice ministry study states.
The strong difference in marital law worldwide - with some countries forbidding divorce or propagating a culture of arranged marriages - turns the universal dimension of Rome III into a legal and political minefield in the predominantly liberal democracies of Europe, legal experts say.
But there's method to the madness:
Meanwhile, some EU member states such as the UK dislike Rome III because it encroaches into the national domain of family law and could see divorce cases drag out in time as UK courts struggle to find experts on foreign jurisdictions in Britain's increasingly multi-ethnic society.And that's what it is all about. Under the guise of a completely insane 'harmonization' the EU is fighting it's way into member state family law. And the leading EU principle of 'subsidiarity' rules that where the EU has gotten its grubby mits it automatically becomes an EU issue and is no longer a national matter. Thus we are seeing yet another play by the EU commission to nick yet more power from member nation for it's own benefit.
This type of play is now getting decidedly loopy and downright dangerous. It also has the distinct are of desperation around it, which would confirm Mr. Norths assertion that the EU may in fact be in the process of dying. But how much damage will it do before it finally gives up the ghost?