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Council Regulation No. 1259/2010, implementing enhanced cooperation in the area of the law applicable to divorce and legal separation was adopted on 20.12.20101 (“Rome III Regulation”). Poland did not take part in the final legislative activities, which constitute an example of the specific procedure of enhanced cooperation between certain Member States. The analysis of this Regulation, being an example of a broader phenomenon of the EU’s law-making in the area of private international law, and the issue of Poland’s future decision to “opt in” to this measure, are the main topics of the comments below.

Should We Stay or Should We Go in? Advantages of Enhanced Cooperation Aimed to Unification of Conflict of Laws Rules in Divorce and Separation Matters