The impact of Brexit on the legislative measures of the European Union in the field of private international law
The United Kingdom ceased to be a Member State of the European Union on 20 February 2020. In accordance with the Agreement concluded to regulate its withdrawal, the legislative measures adopted by the Union in the field of private international law (i.e. measures aimed at developing judicial cooperation in civil matters pursuant to the current Art. 81 of the Treaty on the Functioning of the European Union) have essentially continued to apply until 31 December 2020 both in the United Kingdom (assuming the United Kingdom to be bound by them) and in the Member States vis-à-vis the United Kingdom.
With the end of this transitional period, the legislative measures just mentioned, as well as EU law in general, have ceased to be applicable in the United Kingdom. However, these measures obviously remain applicable in the Member States of the European Union.
What changes, concretely, after 1 January 2021, in the Member States of the European Union with regard to cases that are connected in some way with the United Kingdom? Do the legislative measures of the European Union in the field of private international law continue to apply to such cases or does their operation undergo a change?
The following sheets aim to answer these questions from the perspective of the Italian authorities (courts, notaries, bailiffs, registrars, consular officers, etc.). Only the legislative measures applicable on 1 January 2021 are dealt with.
These sheets are limited to providing summary information, functional to a first framework of the case. For further information, please refer to the Notice to stakeholders issued in this regard by the European Commission on 20 August 2020 and the scholars contributions referred to in the bibliographical references accessible here.
1. Brexit effects on Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters [forthcoming]
2. Brexit effects on Directive 2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes [forthcoming]
4. Brexit effects on Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims [forthcoming]
5. Brexit effects on Regulation (EC) No 1896/2006 creating a European order for payment procedure [forthcoming]
6. Brexit effects on Regulation (EC) No 861/2007 establishing a European Small Claims Procedure [forthcoming]
8. Brexit effects on Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters [forthcoming]
9. Brexit effects on Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters [forthcoming]
12. Brexit effects on Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (so-called Rome III) [forthcoming]
13. Brexit effects on Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession [forthcoming]
14. Brexit effects on Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (so-called Brussels I bis) [forthcoming]
15. Brexit effects on Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters [forthcoming]
16. Brexit effects on Regulation (EU) No 655/2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters [forthcoming]
17. Brexit effects on Regulation (EU) 2015/848 on insolvency proceedings (recast) [forthcoming]
18. Brexit effects on Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes [forthcoming]
19. Brexit effects on Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships [forthcoming]
20. Brexit effects on Regulation (EU) 2016/1191 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 [forthcoming]