The first enhanced cooperation… on divorce?

(BRUSSELS2) At the last Council of Ministers of Justice, on July 25, 8 countries (+ 1) declared that they wanted to move forward more quickly on divorce legislation for binational couples. Objective: to allow a binational couple residing in another country to be able to choose before the judge the matrimonial law with which they have a certain "connection", for example the law of
country where they were married, or the law of one of the two spouses.

Spain, Italy, Slovenia, Luxembourg, Greece, Hungary, Austria and Romania have thus publicly indicated that they want to engage in "enhanced cooperation" among themselves on this
the so-called "Rome III" regulation (because it transposed into Community law an international "convention" signed in Rome, the third of its name).

The adoption of Community legislation at 27 is, in fact, blocked, due to the opposition of several countries, such as Sweden or Finland, which fear a precedent and having to apply more restrictive legislation before their courts. The (Green) Minister of Justice of Finland, Tuija Brax explained that: "Our courts do not know divorce for fault. (And) Finland does not want the return to the old model of divorce or we are looking for a culprit".

France will join this "pioneer" group. But assuring the presidency of the EU, she preferred to play the "neutrality of the presidency" (unwritten rule which states that in the event of a sensitive subject or
which can divide the member states, the country holding the presidency does not lean in one direction or another). In any case, the minimum threshold of 8 to constitute "enhanced cooperation" had been established. Belgium, Portugal, Slovakia or Germany could join the project. On the other hand, even if no country formally objected, some - Estonia, Poland, the Czech Republic or Latvia - were concerned about the creation of a two-speed Europe, with "the opening of Pandora's box" .

Notice the list of countries on the initiative and you will see that enhanced cooperation could not have been set up in a Europe of 15. It is the reinforcement of the countries resulting from the enlargement (3
countries out of 9) who made it possible. This group that could be called the "Med - Habsburg" club which could be driving forces in the future. This illustrates the fact that those who predicted a European obliteration with enlargement are mistaken in a certain way.

(Nicolas Gros-Verheyde)

Photo credit: French Presidency of the EU