Some Legal Effects on Family Relations of Labor Mobility from Romania in the European Union States

Abstract

After Romania's accession to the EU, the mobility of the labor force within the common market determined a continuous and constant "exodus" of Romanian citizens, married or unmarried, to the states that offer an easier way to find a job. This situation also had legal consequences for the institution of marriage and the institution of divorce. Thus, if we refer to the institution of marriage, there was an increase in the number of mixed marriages between a Romanian citizen and a foreign citizen (marriage can be concluded in Romania or abroad), as well as marriages between Romanian citizens concluded abroad. In both situations, there is the problem of transcribing marriage in the civil status registers in Romania, sometimes with real legal issues that we will analyze in this article. Also, the long separation of the spouses as well as the finding of new ideals / the rediscovery of some ideals covered by the “daily life” of the marriage, determined the promotion of the divorce applications by one of the spouses or by both spouses. In most cases, these divorce cases have an element of extraneousness, as a result of which the provisions of Regulation (EC) no. Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, respectively Regulation (EU) no. Council Regulation (EC) No 1259/2010 of 20 December 2010 implementing a form of enhanced cooperation in the area of the law applicable to divorce and legal separation (known as the Rome III Regulation) on the merits of the case. In this material, starting from the jurisprudence, we will analyze some aspects of divorce with an element of foreignness.