January 17, 2018

The response sets out the Government’s position on criminal justice, civil law and the legal services sector following Brexit.

The Government says that it wants to establish “a deep and special partnership with the EU on justice matters”.

On criminal justice, the Government says that in its negotiations with the EU it will aim to build on what already exists through decades of collaboration, integrated working, and joint systems and procedures. It says that the UK is “unconditionally committed to maintaining Europe’s security.”

As for civil law, in terms of contractual arrangements, the Government wants an agreement with the EU that “allows for close and comprehensive cross-border civil judicial cooperation on a reciprocal basis, which reflects closely the substantive principles of cooperation under the current EU framework.” The Government intends to incorporate into domestic law the Rome I and Rome II rules on applicable law in contractual and non-contractual matters.

The Government also wants to continue to participate in those Hague Conventions to which the UK is already a party and those in which it currently participates by virtue of UK membership of the EU (such as the 2005 Hague Convention on Choice of Court Agreements). Similarly, the Government will seek to continue to participate in the Lugano Convention, which by virtue of UK membership of the EU, forms the current basis for the UK’s civil judicial cooperation with Norway, Iceland and Switzerland.

As for the Court of Justice of the European Union, the Government says that leaving the EU will bring an end to the direct jurisdiction of the CJEU in the UK. It is looking at various ways to manage the risk of divergence in agreements, and ensuring that disputes can be resolved without requiring the direct jurisdiction of the CJEU. These include, but are not limited to joint committees, and reporting and monitoring requirements. The Government also says that the UK and EU will need to ensure future civil judicial cooperation takes into account regional legal arrangements, including the fact that the CJEU will remain the ultimate arbiter of EU law within the EU.

As for the legal services sector, the Government says it is seeking a future partnership with the EU modelled on the existing close and comprehensive relationship that the UK currently enjoys. Its strategy to achieve this will focus on “securing the freest trade deal possible in services between the UK and the EU.” It says that EU negotiating priorities for legal professionals are the subject of ongoing discussion with the EU Commission and that the Government, the legal services sector and the judiciary are working together closely to promote UK legal expertise, UK dispute resolution services and English law. To read the Government’s response in full, click here.