A permissive regulation” “

In response to the modifications introduced by the Treaty of Amsterdam of 1997 in the field of judicial cooperation in civil suits, the member States have decided to transform into a Regulation the so-called “Brussels II Convention” of 28 May 1999, never ratified, relating to the harmonization of legislation in EU countries on the dissolution of the conjugal bond and the custody of common children. Regulation of the Council (EC) no. 1347/2000, of 29 May 2000, relating to the competence, recognition and execution of judicial sentences on marriage and the parental responsibility for common children, thus entered into force on 1st March 2001. The Regulation was published in the EU official gazette (GUCE L 160) of 30 June 2000. On the basis of the principles of subsidiarity and proportionality, the Regulation recognizes that, due to the different national regulations, the objective of simplifying the formalities and permitting a rapid and automatic recognition of the sentences may be best pursued at the Community level. In conformity with Chapter I, art. 1, the Regulation is applicable to two kinds of proceedings: a) civil proceedings relating to divorce, to the personal separation of spouses and to the annulment of marriage; b) civil proceedings relating to the power of parents over the children of both spouses established on the occasion of the proceedings relating to marriage specified under letter a). Chapter II, art.2, refers to jurisdictional competence, listing a series of provisions concerning residence, aimed at establishing what judges of what member States have the competence to rule on questions relating to divorce, personal separation of spouses and marriage annulment. Articles 3 and 4 regulate the jurisdictional competence in relation respectively to the power of parents and the abduction of minors by one of the spouses; on this latter question the Regulation prescribes conformity with the Convention of The Hague of 1980 on civil aspects of the international abduction of juveniles. On condition of respect for the public order of a member State, the sentences on divorce, personal separation and annulment of marriage pronounced in one member State “ are recognized in the other member States without recourse to any proceeding being necessary” (Chapter III, articles 14 and 15). This Regulation produces some effects that deserve pointing out. In particular, on certain conditions, it permits two EU citizens to obtain a divorce in another member country of the Union that has a more permissive law on divorce than their own. The divorce sentence thus obtained will come into immediate effect in their country of origin. Let’s give an example. Let us take the case of two spouses, both Italian citizens, who wish to get divorced without waiting for the three year moratorium prescribed by Italian legislation. If just one of them assumes “normal residence” in London, the other spouse can immediately apply for a divorce to an English judge on the basis of the more permissive British law. And the sentence will then become immediately operative in Italy too.