- Protection of fundamental rights — Conflict of instruments — Jurisdictional agreements and the Brussels Regulation — Rome I Regulation and choice of law — Jurisdiction under the Brussels-Lugano Regime
This chapter presents the background and introduction to Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast) that was adopted on 12 December 2012. Topics covered include a review of the original Brussels I Regulation; publication of the Commission’s Proposal to Recast the Brussels I Regulation on 14 December 2010; the legislative process; amendment of the Recast Regulation in relation to the European Patent Court; comparison of the 2001 and Recast Regulations; approach to interpretation; the Regulation’s relationship with other instruments; the Regulation’s relationship with national law and procedure; fundamental rights and freedoms; and the Brussels I Regulation and third states.
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