Sectoral Hard Brexit?
Judicial Cooperation in Civil Matters: Hard Brexit After All? | Dispute Resolution Germany
We must assume that the EU and the UK were unable to reach agreement on judicial cooperation in cilvil matters. Otherwise, it would have been odd to remain silent on the topic, given the level of detail in other parts of the agreement, such as judicial cooperation in criminal matters or the somewhat related field of legal services, . Specifically if there had been agreement on the Lugano Convention, one would have expected it to be reflected in the Trade an Cooperation Agreement, or to be addressed in one of the declarations if there was still work to be done.
The EU could of course grant its consent to the United Kingdom joining the Lugano Convention at any time, even if it has not committed to granting the consent in the Trade and Cooperation Agreement, but why should such a consent come at a later stage and not now?
Practically speaking, we appear to have what I would call a sectoral hard Brexit. As of 1 January 2021, there is no spectifc treaty basis of the the judicial cooperation between the UK and the European Union. Parties in EU member states will have to rely mainly on the various Hague Conventions, as discussed in more detail on 31 January 2020, on Brexit Day – there appears to have been no progress since.
Brexit Deal: What Happens To Judicial Cooperation in Civil Matters? – Conflict of Laws
UKとEU間で民事に関する協定がルガーノ条約含めて何もない状態のよう。
追記2021/1/2
