CYIL vol. 11 (2020)

DIMITRIS I. LIAKOPOULOS CYIL 11 (2020) progressively clearer and more defined. In fact, the problems related to the future structure of the sector have prompted the British institutions to pay close attention to the various aspects that make up the framework of European standards in this area and to promptly adopt a number of legislative acts to integrate the European Union (Withdrawal) Act of 2018 2 . The text of this Act, coordinated with that of the European Union (Withdrawal Agreement) Bill 3 , establishes the general principle that the Union acquis becomes part of domestic law. On the other hand, EU lawwill continue to be effective- including the new rules, amendments and interpretative sentences from the Court of Justice of the European Union (hereinafter “CJEU”) that should in the meantime be enacted-for the whole of the so-called implementation period, the final term of which is (at the moment) set at 31 December 2020, while starting from that date it is expected that this right will be incorporated into the legislation of the United Kingdom, “crystallizing” in the state in which it is found 4 . The EU United Kingdom currently participates in almost all regulations relating to private international law and judicial cooperation in civil matters, with the sole exclusion of regulation 650/2012 concerning private international law of succession and the three regulations implementing enhanced cooperation in matters of the law applicable to divorce and personal separation and of jurisdiction, the applicable law and the recognition of decisions regarding the property consequences of marriages and those of registered partnerships (respectively regulations 1259/2010, 2016/1103 and 2016/1104). It also did not accept to be bound by the 2007 Hague Protocol on the law applicable to maintenance obligations, which was ratified by the European Union on behalf of its member states. For an interesting assessment of the role that the United Kingdom has played in the development and adoption of European legislation relating to private international law. PILICH, M. ‘Brexit and EU private international law: May the UK stay in?’, (2017), 24 (3) MJECL , 382-388; the influence of this country was also significant even in the drafting of the Regulation 650/2012, in which it then decided not to participate: see the document of the European Commission: Position Paper on Judicial Cooperation in Civil and Commercial Matters, TF50 (2017) 9/2-Commission to UK, 12/13 July 2017. As well as the document dedicated to the subject by the British government, Providing a cross-border civil judicial cooperation framework: A future partnership paper of 22 August 2017, and the House of Lords, European Union Committee, Brexit: Justice for families, individuals and businesses, 20 March 2017. The uncertainties related to the future of the legal framework are also reflected in the titles, as well as in the contents, of the scientific contributions. LEIN, E. ‘Uncharted territory? A few thoughts on private international law post Brexit’, (2015–2016), 17 YPIL , 33ss. BASEDAW, J. ‘Brexit and Brexit law’, (2017), 5 C-EU LJ , 102ss. MANKOWSKI, P. ‘The European world of insolvency tourism: Renewed but still brave?’, (2017), 64 NILR , 98ss. 2 https://www.legislation.gov.uk/ukpga/2020/1/enacted/data.htm The text of the Act (whose project was known in the early stages of elaboration as “Great Repeal Bill”). For further details see: DOUGLAS-SCOTT, S. ‘The constitutional implications of the EU (withdrawal) act 2018. A critical appraisal’, (2019), QMSLLSRP n. 299. CRAIG, P. ‘Constitutional principle, the rule of law and political reality. The EU (withdrawal) act 2018’, (2019), 82 (2). GARBEN, S., COVAERE, I., NEMITZ, P. Critical reflections on constitutional democracy in the European Union , (Bloomsbury Publishing, New York, 2019). VARUHAS, J.N.E., WILSON STARK, S. The frontiers of public law , (Bloomsbury Publishing, New York, 2020), 117ss. 3 The Bill text, which has already been approved by the House of Commons. The reversal in the Act is scheduled for January 2020. https://www.legislation.gov.uk/ukpga/2020/1/enacted/data.htm. 4 Art. 3 of EU (Withdrawal) Act 2018 affirms that: “Direct EU legislation, so far as operative immediately before exit day, forms part of domestic law on and after exit day”. The precedent art. 2 affirms that: “EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day”. The EU (Withdrawal Agreement) Bill replaces the reference to the exit day, foreseen for the hypothesis of a withdrawal from the Union without agreement, with a precise date, precisely on December 31, 2020 at 11 pm, London time zone; the Explanatory memorandum attached to Bill himself, states that the Bill: “amends the EU (Withdrawal) Act 2018 so that the conversion of EU law into “retained EU law” and the domestication of historic Court of Justice of the European Union (CJEU) case law can take place at the end of the implementation period rather than on “exit day””. Article. 33 of the Bill states that the date of 31 December 2020 can be changed only with a future amendment of the text and therefore only with an act of the Parliament.

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