Recognition and enforcement of judgments in employment matters in EU private international law

Grusic, Ugljesa

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.

Citation

Grusic, U. (in press). Recognition and enforcement of judgments in employment matters in EU private international law. Journal of Private International Law, 12(3), https://doi.org/10.1080/17441048.2016.1261845

• Journal Article Type: Article
• Acceptance Date: Jul 5, 2016
• Online Publication Date: Dec 2, 2016
• Deposit Date: Jul 14, 2016
• Publicly Available Date: Dec 2, 2016
• Journal: Journal of Private International Law
• Print ISSN: 1744-1048
• Electronic ISSN: 1757-8418
• Publisher: Routledge
• Peer Reviewed: Peer Reviewed
• Volume: 12
• Issue: 3
• DOI: https://doi.org/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
• Public URL: https://nottingham-repository.worktribe.com/output/836705
• Publisher URL: http://www.tandfonline.com/doi/full/10.1080/17441048.2016.1261845
• Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private International Law on 02 December 2016 available online: http://www.tandfonline.com/10.1080/17441048.2016.1261845
• Contract Date: Jul 14, 2016