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

Grusic, Ugljesa

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


Authors

Ugljesa Grusic



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.

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

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