There will be an impact, quite possibly limited due to the fact that London already has opt-outs, but still considerable, on civil justice affairs. This is the finding of the committee on legal affairs in a report analysing the fallout of Brexit in this area. In particular, the Regulation Brussels 1 on the mutual recognition of civil and commercial judgements will be affected.
The committee proposes replacing Brussels 1 with the Lugano Convention, which binds Switzerland on these matters, or with another ad hoc convention, as is the case in this field with Denmark.
Nor will the regulations Rome 1 and Rome 3, which deal with the rules applicable to contracts and the law applicable to non-contractual obligations respectively, apply. The committee additionally stresses its concerns at the fact that many decisions with a long-term effect will no longer be automatically recognised and applicable.
Furthermore, as regards the judicial cooperation instruments in criminal and police cooperation matters, at a technical level, interim provisions will be needed for all Community instruments based on the principle of mutual recognition as regards procedures underway. For example, an interim proposal will be required in order to maintain the effect of all European police warrant procedures already in place.
An interim regime will be needed for European criminal investigation warrants, once the act is fully operational in May of this year. An interim regime will also be required for the duration of European protection orders already issued.
Interim provisions will also be needed for all court criminal proceedings already underway before the UK leaves, as EU legislation provides for extended procedural rights for suspects, for those accused and for victims, whose rights must be respected right until the end of the procedure in question.
See: http://bit.ly/2lzge2X (Original version in French by Solenn Paulic)