The consequences of Brexit for recognition and enforcement of judgments in civil and commercial matters: some remarks.

Chiara E. Tuo ^[1]
1. [1] University of Genoa
  
  University of Genoa
  
  Genoa, Italia
Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 55, Nº. 2, 2019, págs. 302-318
Idioma: inglés
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Resumen
- This article aims at addressing some questions regarding the impact of Brexit on recognition and enforcement of judgments in civil and commercial matters with a view to investigating the rules applicable, first, in the case that Brexit occurs without any withdrawal agreement ("hard Brexit") and, second, regardless of whether such an agreement will be actually entered into, in the context of a future and renewed judicial cooperation relationship between the EU and UK. To this end and in relation to the first part of the analysis, the relevant passages of both the EU Commission's guidelines and UK statutory instruments dealing with the issue of recognition and enforcement of judgements are taken into exam and compared the ones with the others in order to assess the different extent to which they provide for the continous post-Brexit application of the existing EU instruments. On the other hand, and in realation to the second part of the article, the options currently available for a future EU-UK cooperation are considered with the purpose of shedding some light on their respective main advantages and disadvantages.