EU:Two-thirds of Irish people would like the EU to take action on family law and divorce to provide legal certainty in cases that cross national borders within Europe.
The union should also help facilitate cross-nationality adoptions, child custody, inheritance and the recognition of civil status certificates, according to a new survey.
A Eurobarometer report on family law matters found that 66 per cent of Irish people expect the EU to act in the area. Some 22 per cent of Irish respondents said people should be able to choose which country's divorce law applies when an international couple decide to separate. Some 12 per cent believe people should be able to choose in which country a divorce takes place. But the vast majority of people said both options should be available to international couples that want a divorce.
The survey notes that there are now 170,000 international divorces in Europe every year.
The results are in marked contrast to a Government decision to opt out of a recent EU proposal on international divorce within the EU. In October, Tánaiste Michael McDowell said the Government would not participate in the debate on EU proposals on divorce and legal separation.
The commission proposal, which was yesterday supported by a majority of member states at an informal meeting of EU justice ministers in Dresden, would have enabled couples of different nationalities to choose the type of divorce law that should apply.
If Ireland adopted the proposed measure, it would also have enabled an international couple to ask an Irish court to apply the divorce law of a different EU member state.
Mr McDowell has said previously that this would enable EU nationals to obtain a divorce in Irish courts on substantially different and less onerous grounds than that provided for in the Constitution. A Government spokesman said there was no change in the position yesterday.
Britain has also opted out of the proposal because it does not want its courts to apply foreign law. Malta, where there is no divorce, wants to opt out also.
EU justice commissioner Franco Frattini recently told The Irish Times that he hoped Ireland would reconsider its position, although he acknowledged the Government's right to opt out of any EU measures in the area.
The Eurobarometer also shows that across Europe most citizens are in favour of EU action in the field of family law.