Oireachtas Joint and Select Committees

Thursday, 26 February 2015

Joint Oireachtas Committee on European Union Affairs

Possible Exit of UK from European Union: Discussion (Resumed)

2:00 pm

Mr. Eugene Regan:

There was a question on the difference between the common law and civil law systems. I will not go into too much detail on this, but some examples include the admissibility of evidence; availability of bail, which is an important matter in connection with the European arrest warrant with the UK; and administrative penalties. There is an administrative court system in many member states but we generally have criminal penalties instead of administrative penalties. We also do not have prosecuting judges here. All of these things were considered fundamental problems but the reality is that where we have not opted into a measure we are likely to opt into after the event. Such problems can be resolved and the Commission has usually found a way to accommodate the common law system. That is why I consider the opt-out is not really necessary.

Since our entry in 1973, Europe has displayed a remarkable ability to resolve what appear to be intractable problems. The most obvious one recently, and I accept that it has not yet been fully resolved, is the euro crisis, where progress is being made. There have been many debates in Europe on a lot of difficult issues but the outcomes have demonstrated that different interests can work together. The cohesion of the European Union is remarkable and I suspect it will find an imaginative solution to the issue of the threatened UK withdrawal. In my opinion, the matter will be resolved with a solution that stops short of the withdrawal of Britain from the European Union.

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