Bibliografía - New regime of international judicial cooperation with the United Kingdom after Brexit

 

- New regime of international judicial cooperation with the United Kingdom after Brexit: The 2019 Hague Convention on cross-border recognition of judgments in civil and commercial matters
Miguel Checa, Profesor Titular de Derecho Internacional Privado (Universidad de Cádiz), Of Counsel en Kinship
Kinship, 1 de julio de 2025
[Texto en inglés] [Texto en español]

The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters has entered into force between Spain and the United Kingdom on July 1, 2025, marking a milestone in the reconfiguration of international judicial cooperation after Brexit. This international instrument seeks to facilitate the cross-border circulation of civil and commercial judgments among the Contracting States, offering a uniform framework that enhances predictability and legal certainty for companies and individuals. The Convention establishes criteria for the recognition and enforcement of foreign judgments, excluding certain matters such as family law, succession, intellectual property, defamation, among others. It does not affect intra-EU mechanisms regulated by the Brussels I bis Regulation, nor does it preclude the application of the more favourable national regime, such as that provided in the Spanish Law on International Judicial Cooperation in Civil Matters of 2015. Although its application is limited to claims filed from its entry into force onwards, it is expected to particularly facilitate the recognition of Spanish judgments in the United Kingdom, whose exequatur system is more restrictive. In short, the 2019 Convention represents a significant advance in civil judicial cooperation post-Brexit, contributing to a more coherent and effective legal environment.