Law Essay: United Kingdom exit from European Union
Question
Task: Write a detailed law essay on the question below: Having regard to the UK's exit from the European Union on 31 December 2020 (11.00pm UK time), critically discuss the reach and the impact of the Hague Convention on Choice of Court Agreements with respect to jurisdiction and the enforcement of judgments as between the UK and the EU member states.
Answer
Introduction
In the present context of law essay, it is stated that European Union refers to a political as well as financial union consisting of 27 member states situated primarily within Europe. These members of the EU Union consist of a member of a mutualzoneof 4,233,255.3 km2and aprojectedsum ofpopulace of approximately 450 million. A sole global market has been developed by EU Union with the help of a standardized scheme of legislation that is applicable in every member state inthose matters wherein the agreement of the members are approved to act as one. However, the main purpose of this paper is to discuss the exit of the UK from the European Union on December 31, 2020, at 11:00 pm (UK Time). The paper will include the discussion of the reason behind the exit and the ultimate decision of the member state in regards to the exit. Further, the paper will also discuss the jurisdiction and enforcement of judgments between the UK and EU member states. The further discussion of the assignment will focus on the reach as well as the impact of the Hague Convention on the Choice of Court Agreements. As a whole, the assignment will be providing a better understanding regarding the UK's exit from the European Union as a member state and the further consequences of the same.
UK exit from European Union
The UK exit the European Union on January 31, 2020, and there was no change identified during the period of transition that took place ended on December 31, 2020. However, the lawsleadingthe new associationamong the EU and UK was enforced on January 1, 2021. On the other side, the UK country took possible advantages from the transition period to provide time to bargain a deal of trade amid the UK and European Country .
The outcome in support of Brexit that refers to the term provided as to indicate the parting of the UK from the EU Union, concerning the referendum between the UK and European Union that was held during 2016 is said to be the most crucial civil events for Britain within the 21st century. Therefore, the discussiontriggeredmaindeliberation to acollection of topics, claimed up, and elsewhere, the poll on June 23, 2016 . Therefore, the overallverdict of the unlawfully binding referendum was that 52% of the votes were in support of exiting the European Union. In the end, the official withdrawals of the EU occurred when article 50 of the Lisbon Treaty was triggered by Theresa May on March 29, 2017 .
Therefore, the main reason behind the departureof the UK from the EU Union is thatit has been debated that the previouselectorates were preferred to elect "leave" because of the life experience they had in the UK prior to 1973, at the time of the joining of UK in European Economic Community that converted into EU later. Thus, such memories and experiences forced them to vote for the departure of the UK from the European Union. As per the history of the UK, it has been identified that as soon as the UK entered European Union in January 1973, citizens had experienced a severe change in the governmental policies that had an adverse effect on their lives. As such, during 1973, the employment rate fell downto as low as 66% approximately that affected people’s life to an extreme level as their income started experiencing a certain rate of downfall that changed the lifestyle of the people. . It has also been argued that people had to face difficulties in every aspect of their life as the UK government could not control or handle the country properly. In addition to that, citizens of the UK also had to deal with the immense financial crisis because of the downfall in the economy of the country to a certain level along with an immense lack of cash for required imports in the country that led to an immense downfall in theeconomic level of the country. Therefore, this led to a certain level of fear among the UK citizens that the US would reject the nationalism of welfare policies that verifiedbaseless.
Thus, this poor experience that people had regarding the UK's involvement as a member state in the European Union enforced more than half of the UK population to vote for the country's exit from European Union during the political event held on June 23, 2016. Therefore, considering the maximum vote in favor of Brexit, the UK exited the EU Union in 2020. It can be further stated that the UK’s exit from EU Union was because of the demand of the UK population regarding the same. Therefore, it can be assumed that there is still some level of fear remained among the UK population about the changes in the governmental policies and laws that could harm their financial, professional as well as personal life. Due to this fear, they voted for the UK's departure from the EU Union to avoid any further implications in the country because of the European Union.
Jurisdiction and Enforcement of Judgement between UK and EU member states
With the consideration of the end of the transition period that is on December 31, 2020, most of the regulations and laws of Europe cannot be applied in the UK any further. The regulations comprise the Brussels 1 Regulation (Recast) (1215/2012) and Lugano Convention 2007 ("theLugano Convention")that shelters the recognition and enforceability of the judgments between EU Member State. . Since the contract developed amid the UK and EU no longer comprise provisions on the enforcementof judgments, the UK will now seek for other conventions to which it refers as a party and developed domestic law in order to access if the European judgments are still enforceable. It has been argued that the upcoming preparations in regard to the legal corporation in Civil as well as marketable problems was not at all mentioned or discussed as identified from the Corporation Agreement of December 30, 2020. It may, however, be placed alongside with the thorough provisions in regards to illegal issues.
Moreover, as per the jurisdiction and the enforceability of the judgment, it can be said that no clue was hit up concerning that the topic may depend upon the programme concerning one of the groups and occupied substitutesanticipated by the covenant. However, the UK has applied to the join of Lugano Convention in its specific authority taking help of Switzerland, Norway, and Iceland. However, there has not been the identification of any indication regarding the contract by the EU and Denmark to the same. As a whole, it can be said that the authority and implementation of the judgment among the UK and the European are that from now onwards, the UK will not be able to enforce the laws and regulations imposed by the European Union as the UK is no longer a part of the EU Union.
With the consideration of the further judgments regarding the proceedings originated in the EU and the previous Lugano states during or post January 1, 2021, the registering pursuant to the Brussels and Lugano commands will not be applicable anymore except for the case if certain-dissimilar government is taken place. However, the Hague Convention will be applicable in few circumstances wherein the potential decision is in events in an EU state in accordance to an specialauthorityarticle in a pertinent agreement involved into during or post-October 15, 2015. Moreover, in dissimilar situation, it will not refer to a situation of replying to the implementation at common law. Since there is no fixed or constant alternative agreement has yet been agreed, there is an augmented level of risk of equivalent chronicles in the English as well as in EU member state courts with the extra danger of unpredictable verdict. On the other hand, similar points will be appropriateto the implementationof verdicts from the EU in the English courts, and the position will be based on either The Hague Convention or the Lugano Conventions only if the UK agrees to the same.
Reach and Impact of Hague Convention on Choice of Court Agreements
Hague Convention on Choice of Court Agreements offers anagenda of laws in relation to the authority contracts in civil as well as viable circumstances and the ensuing acknowledgement and the implementation of a verdict provided by a law of a constricting government chosen in a choice of the court of agreement.
In 2015, European Union was one of the parties of the Hague Convention, and on the other hand, the UK asserted its own authority since January 1, 2020. The EU and the UK did not agree as to whether the UK is a party to this convention since 2015 as a part of the general European accession or from the UK’s accession since January 1 2021. However, it is not clear that whether the convention will apply to contracts made between 2015 and January 1, 2021, that elect the UK as the jurisdiction for the hearing of any claims. This is a matter which will likely be determined in the coming months as the enforceability of judgments develops after the departure of the UK from the EU.
As per the research, it has been found that from January 1 2021, the above-mentioned convention is applicable in the UK when a decision is made regarding the new commercial agreements that comprise a specific jurisdiction clause. As such, a jurisdiction clause permits the substitutes to decide which country’s courts will be relied upon to resolves any disputes that may be occurred under the contract. The convention needs that any judgment given in regards to such a contract will be recognized and imposed in the further statesthat refers to the party to the convention. Thus, the Hague Convention is applicable to the commercial agreements only except consumer contracts, family law, or insolvency.
As an impact, it can be said that, in a situation where the Hague Conventions are not applicable, the domestic law rules and regulations will be applicable in the process of decision making regarding the enforceability of Irish Judgements by the UK courts. Therefore, the common law legislation in England and Wales recently permitted for such a judgment to be acknowledged and imposed if it is:
- Ultimate and decisive in the court that approved the verdict
- For an amount of cash, except for the taxes, a fine, or other compensation.
- Based on the merits of the facts
However, the Hague Convention on the choice of court agreements has enforced in the UK since April 1 2019. Since then, the entire member states of European Union member states are gratified to provide impact to special choice of court agreements in support of the English courts involved into after the similar date and to impose the subsequent verdict .
Conclusion
The overall paper has been based on the UK’s departure from the European Union because of the maximum vote raised by the UK population in support of the country’s departure from the EU Union. As per the research, it can be concluded that memories that the people have in regards to the UK’s involvement in the EU Union as one of the member states have led them to vote for "leave." It indicates that the European Union has not provided effective and useful facilities as required in one country to have a better life. Henceforth, in order to avoid any implications in the country such as a decline in the income level of people, financial crisis, adverse changes in life, etc., the maximum vote of the citizens was for UK's exit. Therefore, considering the people's demand on the same, the UK exit the Union in 2020, which was officially termed as Brexit, which means the departure of the UK from Britain. Further, the paper has summarised the judgment between the UK and the EU and the discussion of its jurisdiction as well as enforcement. Lastly, the paper also focused on the impact of the Hague Convention on the Choice of Court Agreements on the same.
?
References
Byron J, “Relations with the European Union and the United Kingdom Post-BREXIT: Perspectives from the Caribbean” [2019] Études caribéennes
Chalaguine A, “What Are the Costs and Benefits of Internet Gambling for Society? Evidence from the United Kingdom” [2018] SSRN Electronic Journal
Dalhuisen JHH, “Recognition and Enforcement of Civil and Commercial Judgments in Europe after Brexit” [2017] SSRN Electronic Journal
Gwynne SHL-R, “Enforcement of EU Judgments Post Brexit: An Exclusivity Conundrum | Lexology” (www.lexology.com2021)
James S, “BREXIT and CHOICE of COURTS: UK ACCEDES to the HAGUE CONVENTION” (Christopher Bates and Kate Gibbons eds, 2019)
Marshall J, “StackPath” (Maddy Thimont Jack and Nick Jones eds, www.instituteforgovernment.org.uk2021)
Molchanov NA and Trubacheva KI, “Economic and Legal Features and Consequences of the Uk Exit from the European Union” [2019] Actual Problems of Russian Law 196 Oliver T, “The World after Brexit: From British Referendum to Global Adventure” (2016) 53 International Politics 689
Wicks MJ, “IN the HIGH COURT of JUSTICE BUSINESS and PROPERTY COURTS of ENGLAND and WALES CHANCERY DIVISION PROPERTY TRUSTS and PROBATE LIST Rolls Building 7 Rolls Building Fetter Lane London EC4A 1NL” ( 2019)
