La legge applicabile alla separazione personale dei coniugi ed al divorzio nella proposta di regolamento "Roma III" - The law applicable to divorce and judicial separations under the "Rome III" proposal

In July 2008, the European Commission tabled a new proposal for a Regulation on the Law Applicable and Jurisdiction in Divorce Matters (Rome III) (cited as the Proposal). The Commission’s Proposal has been tabled as a Regulation. This new institutional framework ensures efficient and swift harmonisation, as Regulations, unlike Conventions, do not have to be implemented in accordance with each Member State’s constitutional requirements. Moreover, new instruments become part of the "acquis communautaire". The Commission’s Proposal deserves significant attention, as it will create a legal instrument governing the choice of law for divorces and judicial separations in a European Union of 27 Member States with more than 500 million inhabitants and varied, multicultural and dynamic societies. The Proposal, nevertheless, is not revolutionary. In this article, we will examine the choice of laws provisions in the Proposal and discuss the possible impact of these rules on certain Member States, in particular Italy and Spain