The objective of this work is to evaluate the consequences of the withdrawal of the United Kingdom from the European Union in the field of Private International Law, with a focus on the enforcement of civil judgments between the UK and the EU after “Brexit”.
The theme is part of a broader debate, which has involved the European Institutions, the British Government and the European academia and has been focused on the identification of the relevant rules on international jurisdiction and the recognition and enforcement of civil judgments in Europe, after the discontinuation of the Acquis Communautaire and the Brussels Ibis Regulation.
On the assumption of the uncertainty surrounding the issue and the unfortunate outcome of a “no-deal Brexit”, the discussion is first articulated over the framing of the historical and political context within which the will to withdraw has been formed and expressed and over the analysis of the different reconstructive hypotheses that have been put forward since the 2016 British vote, in order to highlight the problematic aspects and the juridical limits that prevent the usability of each.
Then, on the premise that reference should be made to the national rules of Private International Law and, more specifically, to the common law, if we consider the English legal system, the reflection unfolds in a dialectical reconstruction of the legislation in question in light of the principles that govern the Brussels regime, with the aim of emphasizing the consequences of Brexit in terms of more complex procedural fulfillments and increased time and costs that will aggravate creditors whose claims require compulsory satisfaction in the United Kingdom.
More generally, the comparison between the avant-garde project implemented by the European Institutions with the Recast Brussels Regulation and the outdated principles governing the matter of English conflict of laws allows a critical evaluation of the epistemological and cultural value of the British withdrawal from the European Union, since in the claims of autonomy and renewed sovereignty of the United Kingdom we must recognize the prelude of a new dialectical interaction between common law and civil law. In this respect, the challenge for scholars cannot be limited to a mere consideration of the technicalities of the new regime for the enforcement of European civil judgments in the UK after Brexit, but is enriched by an essential comparative approach that the transnational dimension of legal protection demands to be accomplished.
| Identifer | oai:union.ndltd.org:unitn.it/oai:iris.unitn.it:11572/360261 |
| Date | 06 December 2022 |
| Creators | De Notariis, Daria |
| Contributors | De Notariis, Daria, Baccaglini, Laura |
| Publisher | Università degli studi di Trento, place:TRENTO |
| Source Sets | Università di Trento |
| Language | Italian |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/openAccess |
| Relation | firstpage:1, lastpage:462, numberofpages:462 |
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