Uredba Vijeća (EU) br. 1259/2010, Od 20. prosinca 2010., o provedbi pojačane suradnje u području mjerodavnog prava za razvod braka i zakonsku rastavu (Rim III).

Due to the strong influence of tradition, culture, and customs on family law, its solutions vary in many aspects, including the area of divorce and legal separation, in each Member State of the European Union. The main goal of this paper is to analyze the Council Regulation (EU) no. 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III). It is an instrument of private international law, whose main purpose is the unification of the conflict of law rules of the Member States, concerning divorce and legal separation. Since Member States have not reached an agreement on the subject of Rome III, the Regulation was adopted through the mechanism of enhanced cooperation, specifically designed for situations lacking general agreement. Its most important consequence is the fact that the Regulation is not a part of the acquis communautaire, therefore it legally binds only those Member States that decided to participate in the enhanced cooperation. To make the analysis of Rome III complete, besides the analysis of enhanced cooperation, an important part of this work makes the overview of relevant provisions of the Council Regulation (EC) No. 2001/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (BU II bis). The Importance of this Regulation, concerning the topic of this paper, lies in the fact that its application determines whether the Regulation Rome III will be applied since it legally binds only those Member States which entered the enhanced co-operation. [ABSTRACT FROM AUTHOR]