The Future Relationship between the UK and the EU following the UKs - PowerPoint PPT Presentation

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 Issues 1) 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 DEAL Withdrawal 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

DEAL Withdrawal Agreement Art. 67 Ongoing 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)

DEAL Interpretation and Application Art. 67 Recognition 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;

DEAL Interpretation and Application Art. 67 Cooperation Chapter IV of Regulation (EC) No 1. 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 Chapter VII of Regulation (EC) No 4/2009 2. Regulation (EU) No 606/2013 to certificates 3. issued before the end of the transition period

DEAL Withdrawal Agreement: Open Questions Interpretation and Application • “Situations involving the UK”; “Proceedings instituted”; “Provisions regarding jurisdiction” • Criteria? • Role of the CJEU?

NO DEAL EU Commission’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

NO DEAL UK • Atmosphere febrile/Frustration x 2/48%?+ 12 days (10 working days) incl today/29 th • UK Parliament “Meaningful” “vote” 2/3 • Divorce: • priority/ forum conveniens / Hemain • time/cost/uncertainty (outcome+recognition) • Recognition???

NO DEAL 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 Agreement Political 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 FUTURE No 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 poldep-citizens@europarl.europa.eu