Jurisdiction and Enforcement after Brexit under Withdrawal Agreement

Abstract

This paper focuses on the issue of international jurisdiction and enforcement of foreign judgements after Brexit basically until the end of transition period (to 31 December 2020) according to the Withdrawal Agreement, with possible next legal regime. The withdrawal of United Kingdom from the European Union is undoubtedly a significant interference with existing European law. What dimension it takes depends, in particular, on the question of whether or not to complete a comprehensive agreement between the EU and the UK that would establish and direct the future partnership and cooperation in all relevant areas. With the aim of contributing to the discussion concerning EU and UK fundamental rules on jurisdiction and enforcement, this paper provides a view of possible questions and solutions immediately after Brexit until end of transition period. The legal regime of judicial proceedings with an international element initiated before Brexit or during transition period is still relevant under these pre-Brexit rules or Withdrawal Agreement rules. The same situation is with regard to judgements delivered before 31 December 2021. This contribution shall review the state of play immediately after Brexit under Withdrawal Agreement concerning “separation” of EU fundamental rules on jurisdiction and enforcement.