The European Commission’s approval of France-Algeria bilateral judicial co-operation talks. Providing ammunition for a softer approach to the UK’s Lugano bid?

Many thanks to professor Steve Peers for flagging the European Commission approving France starting bilateral negotiations with Algeria in the field of family law and separately on overall civil and commercial matters. The issue is of overall interest for EU external relations (think the ERTA doctrine) but of course it takes on extra meaning viz the relations with the United Kingdom and the UK’s request to join the Lugano Convention.

That is because the European Commission as I report here, justify their opposition to the UK joining ia with a reference to Lugano having been a firm part of the Single Market agenda (and the EFTA States strong connection with that Single Market) whilst of course for all sorts of reasons (incl in particular CJEU oversight) the UK does not want to be part of that Market, and because the Commission’s Lugano stance departs from a firm line in unified external PIL policies: some Member States have suggested, not very concretely, to want to explore bilateral judicial co-operation ties with the UK (over and above not bene suggestions that old bilateral Treaties may have been resurrected) which in turn sits uneasily with the EU’s arguable exclusive external powers in the field.

In its current approval, the EC insists on its exclusive external powers, recognises ‘the exceptional economic, cultural, historical, social and political ties between France and Algeria’, refers to the Hague process as its preferred forum for international co-operation, and then eventually backtracks on its earlier conclusion that allowing the French mandate “would be not in line with the EU policy in this field.” It cites as reasons for its change of mind:

It was evident that an accession of Algeria to the core Conventions developed by the Hague Conference on Private International Law would not happen in the foreseeable future.

An EU-Algeria agreement related to judicial cooperation in civil matters is not planned by the Commission.

The French-Algeria approach could prepare Algeria for more enthusiasm viz the Hague process.

Non-PIL related strong ties (elsewhere in the document it calls it ‘exceptional links’) with Algeria (“in economic, commercial, political, social, and cultural matters”) merit a receptive approach.

The approval does mention the condition that it must “not constitute an obstacle to the development and the implementation of the Union’s policies”.

Those in favour of a less obstinate EU approach to UK Lugano membership will, I suggest, find ammunition in these mandates.

Geert.