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The Future Relationship between the UK and the EU following the UK’s
Withdrawal from the EU in the Field of Family Law
The Future Relationship between the UK and the EU following the UK’s Withdrawal from the EU in the Field of
Family Law
To Be Addressed
• Separation Issues1) In the case of a deal
2) In the case of no deal
a) The EU perspective
b) The UK’s perspective
• Future Partnership:1) Agreement
2) No Agreement
a) The EU perspective
b) The UK’s perspective
The Future Relationship … Essential Issues/Concepts
• Study/report still current: nothing changed
• p.12 §1.2.2/C: “situation not desperate provided
a withdrawal agreement exists”
• Transitional/interpretative problems -
section 2; WA Art. 67 + §2.1.2/A
• Long-term problems: CJEU: §2.1.3 + §3.4
• Deal/no-deal: twin-track planning (B-12/10!) - The
Jurisdiction and Judgments Family) (Amendment
Etc.) (EU Exit) Regulations 2019
• The central importance of reciprocity
• Does UK exit matter?: p.34 §4 paradox
• Recommendations p.36
The Future Relationship … Separation Issues with DEALWithdrawal Agreement (Text: 14.11.2018)
• Implementation Period: date of entering
into force to 31.12.2020. European acquis:1. Regulation 2201/2003 (divorce/PR recognition/priority)
2. Regulation 4/2009 (maintenance)
3. Regulation 606/2013 (protective measures/violence)
• Second Period: Arts. 66-69
DEALWithdrawal Agreement
Art. 67Ongoing Proceedings
In the UK, as well as in the MS in situations
involving the UK, in respect of legal proceedings
instituted before the end of the transition
period and in respect of proceedings or actions
that are related to such legal proceedings
pursuant to Art. 19 of Regulation No 2201/2003
or Art. 12 and 13 of Council Regulation No
4/2009, the following acts or provisions shall apply:
the provisions of Regulation (EC) No 2201/2003
regarding jurisdiction (id. Council Regulation
4/2009)
DEALInterpretation and Application
Art. 67Recognition and enforcement
The provisions of Regulation (EC) No
2201/2003 [4/2009] regarding recognition
and enforcement shall apply to judgments
given in legal proceedings instituted
before the end of the transition period,
and to documents formally drawn up or
registered as authentic instruments,
and agreements concluded before the
end of the transition period;
DEALInterpretation and Application
Art. 67Cooperation
1. Chapter IV of Regulation (EC) No
2201/2003 shall apply to requests and
applications received by the central
authority or other competent authority of the
requested State before the end of the
transition period
2. Chapter VII of Regulation (EC) No 4/2009
3. Regulation (EU) No 606/2013 to certificates
issued before the end of the transition
period
DEALWithdrawal Agreement: Open Questions
Interpretation and Application
• “Situations involving the UK”;
“Proceedings instituted”; “Provisions
regarding jurisdiction”
• Criteria?
• Role of the CJEU?
NODEAL
EUCommission’s Notice to Stakeholders
• Rules on jurisdiction, pending proceedings
in a MS? YES
• Rules on recognition and enforcement?
ONLY if exequatur granted before Brexit
• Rules on cooperation? NO
• To be considered: Hague conventions
(1996, 2007); MS may decide differently
NODEAL
UK
• Atmosphere febrile/Frustration x 2/48%?+
12 days (10 working days) incl today/29th
• UK Parliament “Meaningful” “vote” 2/3
• Divorce:
• priority/forum conveniens/Hemain
• time/cost/uncertainty (outcome+recognition)
• Recognition???
NODEAL
UK
• Maintenance: Hague lacks jurisdiction x 2
• Children:
• (a) consensual movement: 3 mths
• (b) abduction: Hague enhanced Arts
9+11 - 6 wks/voice of child/”trumping”
non-return
OUTLOOK INTO THE FUTURE
Bespoke AgreementPolitical Declaration November 22, 2018
• 57 To support mobility, the Parties confirm
their commitment to the effective
application of the existing international
family law instruments to which they are
parties.
• 58 The Parties will explore options for
judicial cooperation in matrimonial,
parental responsibility and other related
matters
OUTLOOK INTO THE FUTURENo Agreement
EU-27
• Fallback solutions: Hague conventions
1970, 1973, 1980,1996, 2007).
• New bilateral conventions MS/UK?
Council Regulation No 664/2009 of 7 July
2009
OUTLOOK INTO THE FUTURE
No Agreement
UK
• Not party/political but difficult to avoid
• Affects citizens (Πολιτείς/children)
• Disaster for family law
• Stakes + “stakeholders”
• Real implications on the ground:
• Eg. B2R Art. 11(6-8) + non-return (Hague
A.13(b))
• Cp. Polish RegCt Suwalki 24/4/17 MSvAS
• TJ v MS Article 11(6-8) BIIA: Relocation: Art 24
EUCFR) [2017] EWHC 3802 (Fam)
Presentation by
Marta Requejo/Tim Amos QC
MPI Luxembourg/QEB, London
www.qeb.co.uk
Policy Department Citizens’ Rights and Constitutional Affairs
Responsible Administrator: Roberta PANIZZA