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Recognition and Enforcement of Judgments in Employment Matters in EU Private International Law

Grusic, U; (2016) Recognition and Enforcement of Judgments in Employment Matters in EU Private International Law. Journal of Private International Law , 12 (3) pp. 521-544. 10.1080/17441048.2016.1261845. Green open access

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Abstract

This article deals with the recognition and enforcement of judgments in employment matters in European private international law. After looking into the theoretical underpinnings of the protection of employees by rules of recognition and enforcement of foreign judgments, this article examines the recognition and enforcement of judgments concerning individual employment contracts under the Recast of the Brussels I Regulation, the European Enforcement Order Regulation and the European Order for Payment Procedure Regulation. It is shown that the lack of a jurisdictional defence for employment disputes in the latter two instruments has the potential to undermine, at the overlap of the fields of application of these instruments and the Brussels I Recast, the protection offered to employees by the Recast’s jurisdictional defence.

Type: Article
Title: Recognition and Enforcement of Judgments in Employment Matters in EU Private International Law
Location: UK
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/17441048.2016.1261845
Publisher version: http://doi.org/10.1080/17441048.2016.1261845
Language: English
Additional information: This is an Accepted Manuscript of an article published by Taylor & Francis in the Journal of Private International Law on 02/12/2016, available online: http://www.tandfonline.com/10.1080/17441048.2016.1261845
Keywords: Private International Law, Conflict of Laws, European Union Law, Foreign Judgments, Recognition and Enforcement, Jurisdiction, Employment Contracts, Protection of Employees
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1515840
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