시민의 유럽연합: 민사사법협력의 난제인 가족법의 유럽화 동인, 과정 및 의미

Civil judicial cooperation in the European Union is intended to harmonize laws and administrative arrangements for the protection of citizens' judicial rights among Member States. However, civil laws are a sovereign area of ​​each country and contain vast and complex legal contents and procedures, making them difficult to coordinate and harmonize at the European level. Accordingly, civil laws have been the slowest to Europeanize among the various policies that make up the Area of ​​Freedom, Security and Justice, and have been virtually in a blind spot for integration. Since the launch of the single market and the Schengen area in the 1990s, the free movement of European citizens has led to an increase in civil disputes arising from corporate transactions and divorces and legal separations between people of different nationalities. Accordingly, the European Union established the Area of ​​Freedom, Security and Justice with the Treaty of Amsterdam, and enacted the Brussels II regulation and a series of follow-up legislations intended to harmonize civil procedures among countries through the principle of mutual recognition in divorce and legal separation of couples of different nationalities. However, some member states have been reluctant to accept the legal judgments of other member states by citing domestic laws, and thus have failed to achieve practical effect. Finally, in 2010, the European Union adopted the Roma III regulation, applying a previously unused policy process called enhanced cooperation. The Roma III regulation is significant in that it is the first legislation to contain a single measure at the European Union level in family law, the most difficult issue in civil judicial cooperation. At the same time, the Roma III regulation was legislated through enhanced cooperation, a new European policy process that was promoted by deepening integration. This suggests that the driving force of Europeanization in policies where integration is difficult is the development of European policy processes.