Part I General and Introductory, 1 Introduction
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- EU Rules — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Recognition and enforcement of foreign judgments – traditional rules — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the traditional rules
This introductory chapter discusses the basic characteristics of three legal instruments: the Brussels Regulation, Lugano Convention, and Hague Convention on Choice of Court Agreements. Together, the three instruments constitute a package governing jurisdiction and the recognition of judgments in wide areas of civil and commercial litigation. However, these instruments do not all have the same legal nature. Brussels 2012 is a regulation of the European Union — the equivalent of legislation — and it applies as such in the Member States. Lugano and Hague are both international agreements and consequently form part of the international legal system. But since the European Union is a Party to them — the Member States (except Denmark) are not — they also form part of the EU legal system.