Message in a bottle?

INTERNATIONAL

Message in a bottle?

WHLS has a long history of relationships with lawyers in European jurisdictions. For over 20 years we have been twinned with the Berlin Bar, and with the Barcelona Bar for 15 years. In the last 2 years we have twinned with the Milan, Bilbao and Krakow Bars giving us relationships which benefit our members in many ways including commercial contacts, education and training, and joint advocacy in respect of concerns affecting our members and clients.

Will the severing of our membership of the European Union affect our relationships with lawyers in European jurisdictions? Clearly as far as our practice in Europe goes, it is now subject to restrictions in respect of establishment of practice and practice rights, as well as uncertainty about the enforcement of court judgements.

Economic cooperation between nations was the starting point in the early years before the European Union was established. Naturally, legal services followed the building of economic cooperation. There are many ways in which Europeans cooperate in the 21st Century. Peter Hanenberg, the Dean of the Rotterdam Bar stated in his new year message to WHLS members: “I think it is a great loss for the UK and the European Union that the UK has decided to leave the EU. As inhabitants of this planet, we are facing urgent and difficult problems that affect us all. By working together, as democracies bound by international treaties, we can try to achieve solutions for these global problems and maintain peace. The European Union is, in spite of its’ imperfections, still one of the few efforts to achieve common goals for the benefit of all – albeit somewhere in the future. It would have been better if the UK had stayed on board to give all these efforts a push in the right direction instead of finding a course on its own.”

As the UK states its island sovereignty, messages from a number of European lawyers have reached our shores, not exactly as a message in a bottle, but certainly full of the concern and conviviality of the international legal community.

Wout Albers, board member of human rights non governmental organisation, Lawyers for Lawyers, in the Netherlands sent this message: “My message to UK lawyers is that I am afraid that Brexit is a product of politics of populism and is tainted by lies, which might lead to a worse situation for access to justice. Even human rights in the UK are threatened by not following the European Court of Human Rights. I fear that the politics of populism that kickstarted Brexit is not only happening in the UK, but everywhere and on different topics. The UK is one of Holland’s closest neighbours and it is important to work together on a high level on many topics. I have good hope that that will continue, however, it is clear that Brexit impacts this cooperation as well as on human rights and on security.”

Our colleagues in Europe have established strong commercial ties over the years, using the city and the courts in London for the benefit of their clients, Michele Calentropo member of the Palermo Bar, who thinks of London as his second home said: “In the 1930s the Times headlined “Fog in the Channel, Continent cut off”. Now Brexit risks being the fog for all citizens all around Europe. Even when there is fog in the Channel, Britain will never be cut off by Europeans. The lawyers of the whole of Europe will not give up working together to overcome this moment”.

Though the UK has left the EU, we are still members of the Federation of European Bars (FBE), this was addressed by Michele Lucerini lawyer from Lucca and Past President of the FBE: “FBE is under the Council of Europe, an institution that includes the greater Europe of 47 states, so the FBE ignores the exit of the United Kingdom from the EU, and UK lawyers continue as members of the FBE. This non-partisan role has allowed us to carry out an important work of conviction about the error of the Brexit. England is Europe and Europe is England, for history, culture, economy, political affinity, religious proximity, protection of rights and freedoms. The peculiarities of each nation are an asset and not a reason for separation”.

In July 2020 the Government launched a review of administrative law and in particularly the judicial review system. It is important as UK lawyers that we are vigilant to any changes to the right of citizens to query decisions made by public bodies, including the government. The Law Society has published its response to the call for evidence for the review has a vital place in the UK constitution, giving the rule of law and parliamentary sovereignty practical effect. The Law Society expressed its view of judicial review as follows: “It encourages good governance, improves the quality of decision-making and promotes a culture of accountability that protects individual rights and is attractive to international business investment” The Law Society does not believe that there is a need for fundamental reform of judicial review. The evidence shows that it is working well and achieving its purpose. Statistics show that the number of judicial reviews is declining. The Law Society identified four areas for improving the efficiency of judicial review as follows: increasing the availability of legal aid; encouraging effective engagement with the preaction protocol; strengthening the duty of candour and reinstating immigration appeal rights.

The strength of a jurisdiction’s capacity to hold the state to account goes a long way to demonstrate the health of a democracy. The separation of power between the legislature, the judiciary and the executive is vital and the independence of lawyers and judges is fundamental to the rule of law.

Monique Stengel, lawyer from Paris and Treasurer of the FBE wrote: “As a member of the Presidency of FBE and immediate past-president of AEA-EAL (Association of European Lawyers) I cannot imagine Europe without the United Kingdom. We will continue to work together to defend the interests of the legal profession as well as the Rule of Law”.

Artur Wierzbicki, President of the FBE Human Rights Commission, wrote: “The FBE Human Rights Commission works to defend the rule of law, protect human rights and extend access to justice for all. We wish our colleagues in Westminster & Holborn Law Society a happy new year as you face a new and uncertain future. Should there be any threat to the rule of law, the independence of lawyers and judges, and human rights in the UK, we will stand beside you in defence of these core values.”

Malte Dedden, lawyer in Kehl, Germany, was thoughtful about the reaction of some to the UK leaving the EU: “This is not an excuse to be bitter, but a reason to continue working on new solutions. It is not about punishing the UK for leaving the EU, it is about finding a new basis for cooperation. Somehow it is like a couple breaking up and searching ways to carry on with shared responsibilities”.

We are thought of with great affection by colleagues in Europe, and particularly with those lawyers who are active in the bar associations with whom we are twinned. Francesca Zanasi, President of the Foreign Affairs Committee (CRINT) of the Milan Bar wrote with warmth: “Dear Colleagues, in these times of changes and of uncertainty, it is essential to reinforce the relationship with the International friends and to stay together. Therefore, on behalf of the Foreign Affairs Committee of the Milan Bar Association, and myself personally, I pledge to always be there for the members of the Westminster & Holborn Law Society of London. Warmest regards from Italy, Francesca Zanasi”.

Izaskun Azpitarte, of the Bilbao Bar “From the Bizkaina Bar of Bilbao, with all great affection and conviction, we consider that the outcome of Brexit must serve to ensure that relations between our institution and English lawyers, will become stronger in support of each other and our clients”.

Kinga Konopacka of the Krakow Bar writes: “2021 brings opportunities, especially to convey best wishes to my friends in the Westminster and Holborn Law Society for health, prosperity in the struggle to come to the truth, and to provide justice to those in need of help. This help is especially important in the present situation, when there is a need to adapt to new requirements, significantly different before. Remember that you are not alone and your friends will remain so forever. We will cope with each difficult situation together, and the values related to the defence of justice will remain a priority for us”.

Massimiliano Buriassi of the Parma Bar signed off with the following message: “Hoping that despite Brexit: the UK and the European lawyers will work together profitably for the defence of human rights.”

Silvia Gimenez Salinas

The last word goes to Silvia Gimenez Salinas, President of the FBE, and family lawyer in Barcelona. Silvia writes on law beyond borders: “Regardless of membership in a particular country, law is a profession that works to resolve the conflict of others. The rights of defence affect third parties and the lawyer chooses, from all the possibilities of the Law, the most appropriate path for the defence of the person entrusted to them. The FBE, aware of these challenges, unites lawyers in different places to seek common solutions. Beyond Brexit, we look forward to continuing to count on UK colleagues to form and share common knowledge in defence of our clients, our profession, justice and the rule of law”.

The International Sub-Committee of WHLS welcomes new members and if you are interested please contact sarachandler.lawsociety@gmail.com. ■

Professor Sara Chandler

QC (Hon) Past President of CHWLS