Evoluzioni nel diritto di famiglia dell'Unione europea: il regolamento 1259/2010 sulla legge applicabile al divorzio e alla separazione personale

This paper analyses EU Regulation 1259/2010 (coming into force on June 21, 2012), which represents the first case of enhanced cooperation in the field of judicial cooperation in civil matters. It starts from the difficult reform process of EC Regulation 2201/2003 with particular reference to the 2006 proposal – strongly censured by many Member States – and then investigates EU Regulation 1259/2010 provisions applying to divorce and separation (inter alia, the choice of law and applicable law in its absence, the application of the law of the forum, the public policy exception). The author identifies lacks and problems of the new discipline – making a comparison with the new proposals on matrimonial property regimes and on the property consequences of registered partnerships – and underlines the necessity to reform EC Regulation 2201/2003 in order to coordinate a too composite discipline.