L’incidenza del nuovo regime europeo in tema di rapporti patrimoniali tra coniugi e parti di unioni registrate sull’ordinamento giuridico italiano e le interazioni con le novità introdotte dal D.lgs. 7/2017 attuativo della cd. legge Cirinnà

The article analyzes the two recent EU Regulations implementing enhanced cooperation on jurisdiction, applicable law and recognition and enforcement of foreign judgments in matters of matrimonial property regimes and property consequences of registered partnerships (respectively, Regulation (EU) No 2016/1103 and Regulation (EU) No 2016/1104). The new legal regime shall apply as from 29 January 2019 only in the 18 participating Member States, included Italy, and it will mark a new important step in promoting the mobility of international couples in Europe. This essay illustrates both instruments from the perspective of the Italian legal order, as to highlight how the new European legislation will affect the Italian system of Private International Law (law 218/1995). The resulting scenario will be fragmented and quite complicated. In fact, the impact of the new European regime should also be coordinated with the novelties recently introduced into Law 218/1995 by Legislative Decree 7/2017, which has implemented Law 76/2016 establish- ing civil unions between same-sex couples and regulating de facto cohabitation. The new conflict-of-law rules for same- sex marriage and same-sex unions (articles from 32-bis to 32-quinquies of Law 218/1995) will also affect the characterization of the cross-border situations at stake in order to define the scope ratione materiae of Regulations 2016/1103 and 2016/1104.