BLOG POST BY OUR PATRON DEL CANTO CHAMBERS
Continuing with the saga of “what will happen with”, today we will analyse the issues regarding special European procedures and judicial cooperation established in the European Commission updated “Notice to Stakeholders on the Withdrawal of the United Kindgom and EU Rules in the Field of Civil Justice and Private International Law” (the “Notice”).
In relation with specific European procedures and judicial cooperation, EU sets an end. Before the end of the transition period, EU law applies. However, after the end of the transition period the EU Member States can no longer launch new judicial cooperation procedures involving the United Kingdom based on EU law. Parties will need to rely on international conventions, if apply.
Until Brexit, EU presented a set of instruments that allowed a very flexible system of judicial cooperation, that was based on the principle of mutual trust between judicial authorities. Brexit has broken this important and useful direct judicial cooperation. Now parties will need to seek cooperation through other legal instruments, which certainly will not be as practical as the EU one.
Find the Notice on the following link: https://n9.cl/ars4
