Continental Perspectives on Brexit

Abstract

The abandonment of the EU by the UK is at the root of many doubts concerning the legal regime of cross-border private relationships. Little by little the panorama begins to clear up as the expectations and objectives of the UK are made public. On 17 January, 2017 British Prime Minister Theresa May described what Brexit means for the future application of the acquis communautaire in the United Kingdom. The United Kingdom’s exit from and new partnership with the European Union White Paper was made available on the UK Governments website on February 2, 2017. Regarding cross-border civil and commercial matters, several Evidence Sessions have been held from December to January at the House of Lords (hereafter: HoL) before the Select Committee on the European Union, Justice Sub-committee where expert witnesses have explained the significance for everyday life of some EU procedural regulations in the field of judicial cooperation – Brussels I bis, Brussels II bis, the Maintenance regulation. At the end of January, the Minister of State for Courts and Justice gave the Committee details as to the hopes on the side of the UK of the post-Brexit best case scenario,which in a nutshell would rely on two main pillars: a set of common rules – either the regulations themselves, incorporated into the Great Repeal Act; or new agreements with the EU taking up the contents of the European rules – to ensure mutuality and reciprocity; and the absence of any post-Brexit role for the Court of Justice.

The UK Government’s general approach is to preserve EU law in one way or another. The aspiration does not come as a surprise. But, to what extent is it workable?

Keywords: Brexit, European Private International Law, CJEU

JEL Classification: K19, K39, K49