Regulation on Brexit in the judicial area
A number of regulations have been laid down by the Norwegian Council of State which will remedy negative consequences if the United Kingdom is to leave the EU without an agreement – a so-called “hard Brexit”.
While there is a strong desire that such a situation should not arise, it is important for the Norwegian Government to be prepared for all outcomes.
In the area of the Ministry of Justice and Emergency, changes have been made to the regulations to ensure that everyone who has obtained a Norwegian lawyer’s license or has been authorized as a lawyer before the UK’s withdrawal shall retain their permits following a possible hard Brexit.
It has furthermore been stipulated that persons established in Norway with a UK lawyer’s license – before the date of withdrawal – are given the right to exercise their profession until the end of 2020.
Rules have also been laid down for persons who are undergoing education in the UK or who embark on such education during 2019.
Lastly, regulations have been laid down that regulate the phasing out of civil and criminal law cooperation with the United Kingdom, which currently is largely carried out in accordance with conventions where the EU is a party.
Transitional rules for judicial cooperation in the area of criminal law
A request for assistance from the United Kingdom received before the date of the UK’s withdrawal from the European Union shall be dealt with in accordance with the rules of the Convention of May 29th, 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol of this Convention.
If a person is detained with a view to extradition to the United Kingdom before the time of the UK’s withdrawal from the European Union (Brexit), the rules of the Convention of June 19th, 1990 on the implementation of the Schengen Agreement of June 14th, 1985 on the gradual abolition of control on the common borders (Schengen) Convention will be in force.
Transitional rules resulting from the UK ceasing to be bound by the Lugano Convention
If a lawsuit has been brought before a Norwegian court before the UK’s withdrawal from the EU, the withdrawal shall not affect the application of the rules on jurisdiction in the Convention on jurisdiction and on the recognition and enforcement of judgments in civil and commercial cases with protocols and annexes, adopted in Lugano on October, 30th, 2007 (The Lugano Convention), cf. the Disputes Act § 4-8.
If legal proceedings have been instituted in the United Kingdom before the time of Brexit, the court decision delivered after that date shall be recognized and enforced in Norway in accordance with the rules of the Lugano Convention of 2007, cf. section 19-16 of the Dispute Act and the Enforcement Act § 4-1, second paragraph, letter f.
Legal proceedings entered into or approved in the UK prior to the date of withdrawal may be enforced in Norway in accordance with the rules of the Lugano Convention. The same applies to publicly-certified documents issued before the time of withdrawal as certified in the UK.
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