A review of the Brussels I Recast Regime
Meighan, James
Meighan, James
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Publication Date
2022
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journal article
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Meighan, James. (2022). A review of the Brussels I Recast Regime. University of Galway Law Review, 1, 80-119.
Abstract
“It is a testament to the [Brussels] regime established originally by the 1968 Brussels Convention, and continued by the 2001 Regulation, that the Recast Regulation is still structured largely along the same lines, and founded on the same core principles1” The Brussels regime has endured for over fifty years. This paper examines the evolution of the regime since its inception in 19682 and examines the main provisions, and relevant case law of the Recast Regulation3 (“the Regulation”), the most recent iteration of the regime. The Legislative Basis for the Brussels Regime: Art 220 of the original EC Treaty [Treaty of Rome]4 obliged the then members of the European Community to enter into negotiations to secure for their national simplification of formalities governing the recognition and enforcement of judgments.5 Upon the initiative of the Commission, a committee of experts was established in 1960. Its work lead to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters6 (“Brussels Convention 1968”), which was concluded in Brussels on 27 September 1968 and entered into force on 1 February 1973.7 Since the 1 December 2009 (the coming into force of the Lisbon Treaty), the adoption at European level of measures for the harmonisation of conflict rules is now governed by Title V, Part III of the Treaty of the Functioning of the European Union. Art 67(4)8 [provides] that the Union is to facilitate access to justice, in particular through the principle of mutual recognition of judicial and extra-judicial decisions in civil matters.9
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University of Galway
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Attribution-NonCommercial-NoDerivatives 4.0 International