Withdrawal Agreement Brussels Recast

Jurisdiction is dealt with by Article 67, paragraph 1, of the withdrawal agreement. Overall, this agreement “in the UK and in the Member States in situations where the UK is involved” provides that existing EU law at the end of the transition period will continue to be applied to the UK as a maintained EU law until a decision is taken on its amendment or repeal. With regard to the interpretation of this maintained Community law, the European Union Act (The Withdrawal Act 2018) provided in its original legal order that courts below those of the Supreme Court would apply the EU jurisprudence in force before the withdrawal; The Supreme Court would not be bound, but would have to apply the same test it would apply in deciding to deviate from its own jurisprudence. It can therefore be expected that the United Kingdom will withdraw its membership in December 2018, but re-join The Hague in September 2020, so that the United Kingdom will join the Convention immediately after the end of the transition period on 1 January 2021. If no other agreement is reached (for example. B for the UK`s accession to the Lugano Agreement), it will then apply between the UK and the EU member states. If you decide to abide by an exclusive jurisdiction clause in English at the beginning of the proceedings, it could in turn be combined with an obligation (or option) to repeat the clause after that date. And even if the contract is already concluded, it may be possible to reaffirm the clause after January 1, 2021, with the agreement of the opposing party. Although the withdrawal agreement provides that the transitional period until 1 July 2020 can be extended by a “1 or 2 year” agreement, the UK government has ruled out any extension of the legislation transposing the withdrawal agreement currently being worked by Parliament (the Withdrawal Agreement Act 2019-2020) of the European Union (withdrawal agreement). This could be modified by other legislation or a temporary agreement could be reached between the UK and the EU, with effects similar to those of an extension of the transition period, but for the current preparatory purposes, we expect the transition to end on 31 December 2020. At this stage, much of what happens with respect to disputes and many other areas will depend largely on what will be agreed between the UK and the EU in the meantime, if at all.

However, there are a number of points on which the transitional provisions under the withdrawal agreement will continue to influence the situation after the end of the transitional period itself. There is some uncertainty about the application of the hague to such clauses because of what we have called the `status change risk`: in other words, whether the courts of EU Member States will consider the hague to come into force since 1 October 2015, when it joined the EU in The Hague , or only from January 1, 2021. If she joins Hague herself.