Strani pravni život (Jan 2019)

The implication of Brexit on jurisdiction, recognition and enforcement of court decisions in civil and commercial matters

  • Poljić Adis A.

Journal volume & issue
Vol. 2019, no. 2
pp. 93 – 108

Abstract

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The paper analyzes the influence of Brexit on the jurisdiction, recognition and enforcement of judicial decisions in civil and commercial matters in the law of the European Union and the United Kingdom of Great Britain and Northern Ireland. After the United Kingdom leaves the European Union, the law of the European Union in the United Kingdom will cease to apply and the United Kingdom will have the status of a non-member state. The United Kingdom will abandon the system of civilian judicial cooperation that exists between the Member States of the European Union and the United Kingdom. Now it is not known how the relations between the European Union and the United Kingdom for a system of civil judicial cooperation will be regulated. The best solution would be to conclude a separate agreement that will regulate jurisdiction, recognition and enforcement of court decisions. Unless an agreement is reached, international conventions currently in force will apply, which will not be the appropriate legal framework for legal cooperation in line with market needs. The legal consequences of Brexit will have the European Union, and not just the United Kingdom.

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