Il nuovo regolamento UE 2019/1111 e la circolazione di separazioni e divorzi nello spazio giudiziario europeo

This article examines the circulation of separations and divorces in the EU Member States in the light of the adoption of the new Regulation 2019/1111, which recasts Regulation 2201/2003 (Brussels II-bis). It contains a concise presentation of the new regime, applicable as from 1 August 2022. The analysis focuses in particular on the issues connected with the circulation of non-judicial separations and divorces, which some Member States, including Italy, have recently introduced in their respective legislations. The recast Regulation enacts new rules on the subject that specifically address these issues. However, some concerns remain for the respect of the right of the child to express his or her views in the event of legal separations and divorces executed by way of authentic acts or agreements containing also provisions on parental responsibility.