The European Parliament publishes Study on the impact of Brexit on family law coordinated by Professor Dr. Marta Requejo

29 October 2018

Research coordinated by MPI Luxembourg Senior Research Fellow Professor Dr. Marta Requejo Isidro on the impact of Brexit on family law was published end of October by the European Parliament. The work was commissioned und funded by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Legal Affairs. The outcome is the study entitled "The Future Relationship between the UK and the EU following the UK's withdrawal from the EU in the field of family law", freely accessible at europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2018)608834.

The research explores the possible scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law. More specifically, it considers the main options for cooperation after Brexit in terms of legal certainty, effectiveness and coherence, and it scrutinizes their respective pros and cons. The study also reflects on the possible impact of the departure of the UK from the EU on the further development of EU family law. Finally, it offers some policy recommendations on the topics under examination.

The research team authoring the study included academics from the University Complutense of Madrid (Prof. Pedro Alberto de Miguel Asensio), the University of Munich (Prof. Anatol Dutta) as well practitioners Mark Harper, (Partner at Hughes Fowler Carruthers, Academy Court) and Tim Amos (Barrister, Collaborative Lawyer and Resolution Mediator) from the UK.

This is the second time within the last months Professor Requejo contributed in an external study published by the European Parliament. In April 2018 she participated as a member of a research group of leading EU academics assessing the ongoing work of the Hague Conference on the Judgments Convention (this Study is available at europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2018)604954).

The latest study by Professor Requejo forms part of the MPI Luxemburg tradition in providing legal expertise to various EU Institutions in the field of EU Justice. In its six years of life, the Research Department I of the MPI Luxemburg (European and Comparative Procedural Law), under the directorate of Professor Dr. Dres. h.c. Burkhard Hess, has conducted various projects on contemporary EU legal issues and has published multiple studies on the evaluation of EU procedural law instruments, consumer protection, EU insolvency law, minimum standards, and EU family law.

The MPI Luxembourg will continue supporting EU actors in shaping and evaluating EU legislation and it remains committed to the further promotion of the project of "Integration through Law" within the EU as a "Community of Law".