Nine of the European Union's 27 countries are considering banding together under a previously unused procedure to bypass unanimity rules and adopt a new divorce law over Swedish resistance, diplomats said today.
But the group, uniting in what in EU parlance is called "enhanced co-operation", is wary of undermining the bloc and will seek the support of others before proceeding.
The move could set a precedent for small groups of states to go ahead without laggards on other areas if the bloc is unable to overcome Ireland's "No" vote to the Lisbon Treaty.
"Enhanced cooperation is not a tool against Europe," French Justice Minister Rachida Dati said after the bloc's justice ministers discussed the bill to ease cross-border divorces.
"Starting with a few (countries) could be a way to convince more," she told a news conference. "It is not a tool to divide."
Sweden blocked the draft divorce law for two years and has said it would not lift its veto. The law can therefore not be agreed under normal EU procedures as it requires unanimity.
Austria, France, Hungary, Spain, Italy, Greece, Slovenia, Romania and Luxembourg want to go ahead with the divorce law and will next week make a formal request to be allowed to create this pioneer group, Slovenia's state secretary for Justice Robert Marolt said after the talks today.
EU treaties allow such "pioneer groups" but none has been created so far.
Countries will need the European Commission and a qualified majority of EU states to authorise them to go ahead with a pioneer group. Finland, Poland, Portugal, the Netherlands and Estonia are among those who are reluctant, one diplomat said.
EU Justice Commissioner Jacques Barrot said that a pioneer group would need to gather a large support to get a green light.
"Nothing is excluded, including an enhanced cooperation but we will need to do it in the way most acceptable to all," he told the same news conference. "On such an important and delicate area it is better to move forward cautiously."
"There's always a first time," Italian Justice minister Angelino Alfano was quoted by an EU official as telling reluctant counterparts during the meeting.
The draft divorce law would allow a couple from different nationalities to decide which country's law to apply to their divorce. It would also set criteria to determine which law applies in case the couple cannot agree.
Around 170,000 international marriages end in divorce in the EU each year but there are no common rules dictating which laws to apply. Spouses sometimes rush to court in their country of origin to try to get the law on their side.
Family laws differ widely across the EU, from the liberal Nordic nations to Catholic Ireland and Poland. Malta prohibits divorce. Sweden wants to apply only its own liberal law.
Britain, Ireland and Denmark do not apply EU family law.
Reuters