The current reciprocal rules for enforcing civil justice across the EU cannot be replicated by the Great Repeal Bill, a committee of Peers has found.
In a report published this week, Brexit: justice for families, individuals and businesses?, the House of Lords EU Justice Sub-Committee gave a dire warning about access to justice across the EU for families and businesses post-Brexit.
The committee found that the current system for civil justice cooperation across the EU member states works well, with both family and commercial disputes that cross borders currently settled by judgments that are enforceable across the EU. However, Brexit will usher in several changes.
The committee found that, unless the current system of “mutual recognition” of judgments across the EU is duplicated, not only will the advantages be lost, but there will be real hardship for families and businesses, who could be left subject to national rules across 27 other member states.
It argued that alternatives to the existing framework of civil justice cooperation must be in place before the UK withdraws from the EU. Falling back on common law and earlier international agreements would condemn UK citizens to uncertainty and diminished access to justice, it said.
Baroness Kennedy of The Shaws, the committee’s chair, said: “Unless the government can agree a replacement of the existing rules on mutual recognition of judgments, there will be great uncertainty over access to justice for families, businesses and individuals.
“The committee heard clear and conclusive evidence that there is no means by which the reciprocal rules currently in place can be replicated in the Great Repeal Bill. Domestic legislation can’t bind the other 27 member states.
“We therefore call on the government to secure adequate alternative arrangements, whether as part of a withdrawal agreement or a transitional deal.”
