La Ley-Unión Europea, July 2012

A new article from Prof.  Patricia Orejudo Prieto de los Mozos (Complutense  University, Madrid) entitled “La nueva regulación de la ley aplicable a la separación judicial y al divorcio: aplicación del Reglamento Roma III en España” is to be found in the Spanish magazine La Ley-Unión Europea of July 31, 2012. The summary reflects the critical view of the author:

The Rome III Regulation, the first instrument of enhanced cooperation adopted in the EU, seeks to provide “a clear and comprehensive legal framework on applicable law to divorce and legal separation. “ However, it does not increase legal predictability, nor does it prevent (on the contrary, it could encourage) the so called “race to the courts.”  Furthermore, when applied in Spain it will add regulatory fragmentation and complexity to an already intricate situation, making it more difficult to manage for the Spanish legal operators.  If we sum this to the democratic deficit inherent to the adoption process and with the fact that the Regulation serves best the conservative values of other Member States, the Spanish decision to participate is hard to understand.

A comment on the recent ECJ ruling Oracle v. UsedSoft, from Prof.  Miguel Michinel (University of Vigo), has also been published in the same issue of the magazine.