Blog del Instituto Cervantes de Londres

On the occasion of the Spanish presidency of the Council of the European Union, Instituto Cervantes London is hosting a debate in English at 4:00 pm on Friday, 13 October on the differences and similarities between the English and European Union legal systems titled ‘English Law and EU Law: Still Two Separate Worlds?’.

The keynote speaker for the debate is Dr John Sorabji, Associate Professor at University College London (UCL) and Barrister at Nine St John Street Chambers. “There are greater similarities between our different forms of civil procedure than might be thought at first. The debate is undoubtedly interesting at the present time as we are all, to varying degrees, reforming our civil procedural systems due to digitisation, but also due to the UK’s departure from the European Union and the effects that will have over time,” explains Sorabji.

 “While there are many areas where similarities and differences could be highlighted, particularly important ones in terms of similarities are the aims and objectives of all our systems, the focus on court management of proceedings and a distinction between first and second instance courts, while important differences include the approaches we take to obtaining evidence, the manner in which hearings take place and the role of the judge,” Sorabji adds.

A debate in the traditional home of the world of English law

The event at Instituto Cervantes London in Temple, the traditional home of the world of English law, is chaired by Bénédicte Paviot, the UK Correspondent for FRANCE 24 and Chair of the UK Advisory Board of Reporters Without Borders (RSF).

 “Instituto Cervantes London is located among law firms in the heart of London and just a few metres from the Royal Courts of Justice. With this event, we hope to establish a closer relationship with our neighbours and for them to learn more about us on an occasion as special as the Spanish presidency of the Council of the European Union. Their response, especially that of The Law Society of England and Wales, has been fantastic, and bookings to attend sold out within hours, although the debate can still be followed online,” explains Víctor Ugarte, Director of Instituto Cervantes London. 

“I think many will be surprised to see the similarities and differences between the EU and English-Welsh legal systems because there is still much common ground. Another topic of great interest that will be discussed during the debate is the validity of parts of EU law, or the so-called ‘retained EU law’,” Ugarte adds.

The afternoon programme includes welcome remarks by Ugarte, followed by a presentation by Jordi Nieva, the Chair of Procedural Law at the University of Barcelona, titled ‘Judicial Proceedings in Common and Civil Law: Searching for Common Bases’.

Nieva underlines that court cases in the UK are not so different in substance, even if outwardly they appear so, as they share the same historical origins. “It must be acknowledged that the civil law and common law procedural systems have been moving closer together for a long time. They may eventually converge completely in the future, and it is good to be aware of this,” he highlights.

Lluís Carreras, Professor of Procedural Law and Spanish lawyer, will give the talk ‘Bridging the Gap Between Common and Civil Law: An Expert Witness in Spanish Law before UK Courts’. “My experience as an expert witness has demonstrated that, in practice, when a British judge must apply a rule from the continental legal system, it is entirely possible to align the ‘legal minds’ and the application of ‘legal principles’ of both systems, thereby effectively contributing to the pursuit of justice in the specific case,” Carreras says.

Estelle Cros, Liaison Judge at the Embassy of France to the United Kingdom, will discuss ‘Retained EU Law and the Heritage of EU Law in the British Judiciary: A New Hybrid Law?’. To end, closing remarks will be provided by Oliver Chapman, International Policy Adviser for Europe and the CIS region at The Law Society of England and Wales.

Estelle Cros, Liaison Judge at the Embassy of France to the United Kingdom, will discuss ‘Retained EU Law and the Heritage of EU Law in the British Judiciary: A New Hybrid Law?’. To end, closing remarks will be provided by Oliver Chapman, International Policy Adviser for Europe and the CIS region at The Law Society of England and Wales.

Event details:

Friday, 13 Oct 2023 16:00 – 18:00 h.

Instituto Cervantes London | 15-19 Devereux Court | London WC2R 3JJ

Book your tickets through our Eventbrite page