The Gallup Organization Flash EB N o 188 Consular Protection and Family Law Flash Eurobarometer European Commission Family Law Summary Fieldwork: June 06 Report: October 06 Flash Eurobarometer 188 The Gallup Organization This survey was requested by Directorate-General for Justice, Freedom and Security and coordinated by Directorate-General Communication This document does not represent the views of the European Commission. The interpretations and opinions contained in it are solely those of the authors. Summary, page 1
Flash EB N o 188 Consular Protection and Family Law The Gallup Organization Flash EB Series #188 Family Law Conducted by The Gallup Organization Hungary/Europe upon the request of DG Justice, Freedom and Security Survey organised and managed by the Eurobarometer Team of Directorate-General Communication This document does not reflect the views of the European Commission. The interpretations and opinions contained in it are solely those of the authors. THE ORGANIZATION page 2
The Gallup Organization Flash EB N o 188 Consular Protection and Family Law Introduction The European Union allows people in most of its Member States an unprecedented level of free mobility. As it has become virtually free to travel, work, and study within the Union, very often marriages and families are being formed between individuals from different Member States, or couples from the same state settle down in another Member State. The special circumstances of these people call for special EU wide attention to ensure clarity and coherence about the nature of family law regulations such as divorce agreements, child custody dealings, inheritance, etc. According to recent EU figures released by the European Commission, an estimated 170,000 "international" divorce proceedings take place each year, representing around 16% of all divorces. International divorces include a wide variety of cases such as when spouses are of different nationalities, or have the same nationality but live in a Member State other than their original state. Currently, there are no clear rules that will facilitate the lives of citizens in the European Union in family law cases such as for divorce proceedings, adoption, last will, etc. A recent survey commissioned by the European Commission asked citizens of the European Union to voice their opinions on various questions related to international Family Law. Also part of this study was to find out how much Europeans know about Consular Protection when travelling abroad and what would be their preference of the source and nature of Consular protection when they find themselves in serious trouble in a country without an embassy of their own nationality. The survey s fieldwork was carried out between 31 st of March and the 5 th of April 06. Over 25,000 randomly selected citizens aged 15 years and above were interviewed in the twenty-five Member States of the European Union. Interviews were predominantly carried out via landline telephone, approximately 1,000 in each country. Due to the relatively low fixed telephone coverage in the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia, we sampled and interviewed 300 persons face to face as well. To correct for sampling disparities, a post-stratification weighting of the results was implemented, based on important socio-demographic variables. More details on survey methodology are included in the Annex of this report. Summary, page 3
Flash EB N o 188 Consular Protection and Family Law The Gallup Organization Main findings The majority of people expect the EU to play a role in facilitating family law between Member States Opinions vary with regard to what action the European Union should take as a priority - the overall plurality (38%) prefer the EU to ensure the recognition of family law legal documents in any other Member States - 36% prefer the EU to establish standard formats for specific documents The majority of people prefer keeping several legal options open for divorcing couples in the European Union Automatic validation of friendly divorce agreements is very popular among Europeans (87% support) but few feel it will be a relevant issue for them (33%) - Automatic validation of a friendly divorce agreement is a more relevant issue to the youngest people surveyed (%) and non-citizens in a country (41%) People overwhelmingly support (80%) EU-wide recognition of testaments Most residents of the EU (77%) think it is rather difficult to prove rights to inherit from another Member State page 4
The Gallup Organization Flash EB N o 188 Consular Protection and Family Law Family law in the EU 1. The majority of people expect the EU to play a role in facilitating family law between Member States Overall, the majority of the population of the European Union expect the EU to play a role to facilitate legislation in another Member State in adoption of children from different Member States, recognition of civil status certificates, divorce, child custody dealings, and inheritance. Helping with the adoption of children and recognition of civil status certificates such as birth certificate and marriage certificate in another Member State top the list of what people expect from the EU the most. Seventy-six percent of the overall EU population expect the EU to facilitate legislation with regard to adopting children from different Member States and the same percentage expects the EU play a role to facilitate legislation for recognizing civil status certificates (birth certificate, marriage certificate) in another Member State. Two-thirds (67%) of the citizens of the European Union expect the EU to facilitate legislation in child custody dealings in another Member State and another 63% expect the EU to facilitate inheritance in another Member State. Divorce related facilitation by the EU is at the bottom of the list of expectations, as almost one third of the EU population do not expect the EU to play such role. But even in the case of this least often mentioned item, the majority of the citizens (%) do expect the EU to play an active role on behalf of the EU to facilitate legislation in divorce in another Member State. Expectations regarding the role EU to play in the following: Adoption of children from different member states Recognition of civil status certificates in another member state Divorce in another member state Child custody dealings in another member state Inheritance in another member state DK/NA; Doesn't 7 expect; 17 Expects; 76 DK/NA; Doesn't 7 expect; 17 Expects; 76 Doesn't expect; 31 DK/NA; 9 Expects; DK/NA; 9 Doesn't expect; 24 Expects; 67 DK/NA; 10 Doesn't expect; 27 Expects; 63 3-7 July 06 Q1.Please tell me for each of the following areas whether or not you expect the European Union to play a role to facilitate legislation: % EU25 Summary, page 5
Flash EB N o 188 Consular Protection and Family Law The Gallup Organization 2. Opinions vary with regard to what action the European Union should take as a priority In connection to their current expectations, citizens of the European Union were asked to name what kind of action the European Union should carry out as a priority with regard to family law legislation. Our findings show that none of the priorities were supported by overwhelming majorities in any of the EU25 countries. The overall plurality of respondents (38%) in the European Union believe that ensuring recognition of family law legal documents in any other Member States should be the EU s priority, with 42% of the population of the New Member States and 37% of the EU15 countries thinking this way. Close to half of the population in Slovakia (49%), Hungary (47%), and Lithuania (46%) would like the EU to take ensuring recognition of family law documents in any other Member States as a priority but only around one third expect the same in Finland (29%), Spain (33%), Portugal (33%), Sweden (34%), and Belgium (34%). Very close to the support for recognition of family law documents, 38% of the overall EU population believe that the priority for EU action should be to establish standard formats for specific documents. The difference between EU25 and NMS10 are negligible in this case, both 36%. However, this option is more popular in some countries than in others. Forty-six percent of the Germans, 46% of the Austrians, and 43% of the Slovenians think this should be a priority. On the other end of the spectrum is Malta where only 22% of the people think this should be a priority. One in five (%) people in the European Union think that enhancing mechanisms for translation of documents should be the priority. This option is very popular in Malta; close to a third (31%) of the Maltese think this should be a priority. At the same time, Hungarians are the least likely to name translation of documents as a priority, with only one in ten saying so. Actions the European Union should take as a priority to: Ensure recognition of such legal documents in any other member state Establish standard formats for specific documents Enhance mechanisms for translation documents Doesn t know 100 4 3 7 6 5 5 4 7 4 7 17 10 12 8 9 5 7 11 10 3 5 4 12 7 5 16 17 16 18 18 21 26 26 24 19 28 15 16 18 8 17 10 90 25 30 15 80 24 24 21 31 21 21 70 30 39 31 34 36 27 36 34 26 29 32 37 27 32 36 46 46 43 29 29 50 31 36 34 22 27 30 41 30 49 47 46 43 43 42 42 42 41 39 38 38 38 38 36 35 35 35 35 34 34 33 33 29 10 0 SK HU LT CZ IT EL NMS10 EE LV IE NL CY PL UK LU EU25 DK FR AT DE MT SI BE SE PT ES FI 3-7 July 06 Q2. And what kind of action do you think the EUROPEAN UNION should carry out as a priority in the above mentioned areas? Do you prefer the EUROPEAN UNION to: page 6
The Gallup Organization Flash EB N o 188 Consular Protection and Family Law 3. The majority of people prefer keeping several legal options open for divorcing couples in the European Union The majority of the overall EU population think that when couples of different nationalities or if the couple live in a different country than their nationality want to have a divorce within the European Union they should be able to chose between several options with regard to how to proceed with the divorce. Twenty-seven percent of the EU25 population prefer the option that people should be able to choose which country s divorce law should apply: the law of the country they currently live, or where they used to live, or that of their country of origin. This is especially a popular option in Germany (38%), Sweden (38%), and Denmark (35%) but much less popular in Estonia (14%), Belgium (15%), Hungary (16%), and the Netherlands (17%). Less popular is the option that people should only be able to choose in which country the divorce proceeding will take place, with an average 14% of the EU25 favouring this alternative. Only around one in ten people prefer this option in Finland (8%), Malta (10%), Sweden (10%), France (10%), the UK (10%), and Ireland (12%). Still, twice the percentage of this, one in five, prefer to have this as an option in the Czech Republic (%), Lithuania (19%), Latvia (19%), and Luxembourg (18%). Fifty-two percent of the EU25 population want to keep their options open when it comes to divorce and believe that people should have both of the previous options available and be able to chose for themselves. The majority support this in the New Member States (55%) and in the EU15 (51%). The support for a combination package of alternatives is very high in certain countries as around two thirds of the population in Hungary, Greece, and Ireland are in favour of people being able to choose between which country s divorce law should apply or in which country the divorce proceeding should take place. Legal options for divorce in European Union 100 90 80 70 50 30 10 0 People should be able to choose which country s divorce law should apply People should be able to choose in which country the divorce proceeding will take place Both options should be available Doesn t know 5 10 10 4 6 5 9 10 10 7 6 10 5 7 6 9 5 3 16 22 11 6 9 10 8 13 8 42 43 43 53 49 57 49 47 45 52 55 51 55 58 58 53 61 57 46 53 61 59 62 63 56 49 15 10 12 10 14 10 14 15 18 14 14 8 16 14 15 12 17 19 10 19 16 15 15 15 15 15 38 38 35 33 31 29 28 28 27 27 25 25 23 23 23 23 22 21 17 17 17 17 16 15 14 DE SE DK FR SK UK PT AT LU EU25 PL FI CZ NMS10 SI CY IE IT LV MT LT EL EE NL HU BE ES 3-7 July 06 Q3. What legal options should be available for couples who want to have a divorce in the EUROPEAN UNION, if partners have different nationalities or if they live in a different country then their nationality? Summary, page 7
Flash EB N o 188 Consular Protection and Family Law The Gallup Organization 4. Automatic validation of friendly divorce agreements is very popular among Europeans but few feel it will be a relevant issue for them An overwhelming majority (87%) of the citizens of the European Union support an automatic validation of friendly divorce agreements in any other Member State. When asked, nine in ten people from the New Member States (90%) agree that if a divorcing couple reached a friendly agreement on the distribution of their belongings, it should be automatically valid in any other European Union Member State. Divorce in an EU-foreign, or cross-border setting DK/NA; 3 No; 10 Distribution of belongings: the friendly agreement of the couple... Should be valid in any EU states; 87 DK/NA, 12 No, 55 This issue... % % Could concern you or your relatives in the next years, 33 3-7 July 06 Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be automatically valid in any other EUROPEAN UNION member state? % EU25 Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next years? % EU25 Even though there is great support for automatic validation of friendly divorce agreements inside the European Union, only one third of the EU population believe that this issue could concern them or a relative in the next twenty years. Only in three countries of the European Union do majorities of the population believe that this issue of divorce could be relevant to them or their relatives in the future; these include Malta (65%), Ireland (57%), and Cyprus (55%). But much less, just around a quarter of the people believe that this issue could be relevant to them or their relatives in the Czech Republic (25%), Germany and Hungary (24% each), and the Netherlands (%). Validity and the concerning of the agreement on the distribution of belongings after divorce: % of yes answers 100 90 80 70 50 30 10 0 validity concerning 93 93 93 92 91 91 91 91 90 90 90 89 88 88 87 86 86 85 84 83 83 81 81 80 80 78 75 65 57 55 47 47 46 46 41 42 39 41 36 36 37 34 36 33 32 32 29 28 30 24 25 24 LV SK HU CZ SI FI IT ES NMS10 PL PT EL NL EE EU25 FR IE DE BE AT UK DK LT CY MT LU SE 3-7 July 06 Q4. If a divorcing couple reached a friendly agreement on the distribution of belongings, should their agreement be automatically valid in any other EUROPEAN UNION member state? Q5. Do you believe this above mentioned issue of divorce could concern you or one of your relatives in the next years? page 8
The Gallup Organization Flash EB N o 188 Consular Protection and Family Law 5. People overwhelmingly support EU-wide recognition of testaments Eight out of ten citizens (80%) of the European Union think that it is necessary to ensure the recognition of testaments (Last Wills) in any other Member State different from the country of the deceased. Support for the recognition of testament from a different EU Member State is especially strong among Latvians (92%), Germans (92%), Hungarians (88%), and Italians (88%). A lower percentage of people, but still a majority, support EU-wide recognition of testaments in the UK (63%), Cyprus (68%), Denmark, and the Czech Republic (71% each). Recognition of testament from a different EU member state: 100 92 92 88 88 87 87 84 84 83 82 82 80 80 79 78 80 75 75 74 74 74 74 73 73 71 71 68 63 0 4 6 9 8 8 7 11 9 13 13 13 14 15 16 17 18 18 21 19 17 17 22 19 23 25 Yes No 30 LV DE HU IT SK EE AT LT PL NMS10 NL BE EU25 FR LU SI FI GR PT ES MT SE IE CZ DK CY UK 3-7 July 06 Q6. Do you think it is necessary to ensure the recognition of testaments (Last Wills) in any other EUROPEAN UNION member state different from the country of the deceased? 6. Most Europeans think it is hard to prove rights to inherit from another Member State When asked, the majority of the citizens of the European Union (77%) think it is rather difficult to prove their rights when they inherit from somebody who owns belongings in another European Union Member State. Proving inheritance rights seem especially hard in Germany, France, and Sweden where large majorities, ranging from 83% to 89%, think it is rather difficult to prove such rights. Only in a couple of countries such as Finland and Cyprus can we see that more than % of the population think it is rather easy to prove rights to inherit from another Member State. Summary, page 9
Flash EB N o 188 Consular Protection and Family Law The Gallup Organization Difficulty of proving rights to inherit from another EU member state Rather easy Rather difficult 23 22 19 19 17 16 16 16 15 15 14 13 12 12 12 12 11 11 11 11 11 10 9 9 9 8 6 0 70 66 76 73 71 75 77 65 79 72 69 74 70 78 83 69 77 73 80 74 73 78 77 80 89 86 100 FI CY NL EL SI DK AT EE ES MT LU IT CZ HU NMS10 PT SE PL EU25 LT BE IE UK LV SK DE FR 3-7 July 06 Q7. If you inherit from somebody, who owns belongings in another EUROPEAN UNION member state, do you think it is rather easy or rather difficult to prove your rights? page 10