Resumen de UK–EU Civil Judicial Co-operation after Brexit: Five Models
The EU has established a comprehensive and successful judicial co-operation framework that applies between EU Member States to facilitate cross-border relationships. This framework harmonises and simplifies the rules in ascertaining the applicable law and competent court in cross-border disputes, and enables judgments rendered by the courts of one Member States to be recognised and enforced in other EU Member States. The 2016 EU referendum resulted in the UK triggering art.50 TEU to exit the EU by the end of March 2019. Upon Brexit and without special arrangements, relevant EU judicial co-operation instruments, in principle, would stop being effective in the UK. This article examines the potential consequence of Brexit and explores the possibilities for post-Brexit judicial co-operation between the UK and EU. After analysing the five potential models, this article proposes that the optimal model is for the UK and EU to enter into a special arrangement based on the existing EU judicial cooperation law, and the UK should follow CJEU (Court of Justice of the Europe Union) judgments as closely as possible, with diversion in exceptional circumstances. If this model is not achievable, the UK could transpose the unilateral applicable EU private international law into its domestic law and at the same time ratify relevant international conventions to re-shape the post-Brexit judicial co-operation with the EU.
