EUR-Charts

The forth box, last sentence, reads:

“… No actual examples exist yet; see Chart 2/11.”

However, it seems that the first enhanced cooperation in the history of the EU will concern the law applicable to divorce and legal separation. In March 2010, the Commission presented two proposals on this issue:

• Proposal for a Council Decision authorising enhanced cooperation in the area of the law applicable to divorce and legal separation, COM[2010] 104 fin.
• Proposal for a Council Regulation (EU) implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, COM[2010] 104 fin.

In the Council meeting of 3-4 June 2010, the Justice Ministers agreed on key elements of the content of the legislation.

Following recent political development, the fourth box must read:

• Uniformity:
The same treaties are signed by all Member States.

• Diversity:
E.g. protocols and accession treaties may lead to differences relating to the applicability of the law (so-called “variable geometry”, “Europe of multiple speed”, “Europe à la carte”, “differentiated integration”).

Special in the EU:
Procedural rules for diversity. Since the Amsterdam revision (1997/1999; see Chart 2/26), there are rules for the creation of specific law: so-called “closer cooperation” or “enhanced cooperation” (Title IV of the TEU and Arts. 326 TFEU et seq.). First example: Decision 2010/405/EU (authorising enhanced cooperation in the area of the law applicable to divorce and legal separation), Regulation 1259/2010/EU (law applicable to divorce and legal separation); see Chart 2/11.