Sul ricorso alla cooperazione rafforzata in tema di rapporti patrimoniali fra coniugi e fra parti di unioni registrate

The recent adoption of a proposal for a Council decision authorizing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships (COM (2016) 108 final), raises concerns both about the destiny of judicial cooperation in civil matters covering aspects relating to family law and about the interaction between private international law and the Member States’ competence in family matters. While adopting an instrument of enhanced cooperation does not seem the best way to overcome the dysfunctions of Article 81, para. 3, TFEU — related to the requirement for unanimity — the need to protect fundamental rights — as enshrined in the Charter of Fundamental Rights of the European Union — in applying future instruments of private international law on property regimes will affect the discretionary power accorded to Member States in this area.