Policy paper: "Ring-fencing EU Passenger Rights in the UK - impact of a hard Brexit"

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Abstract / Description of output

EU Passenger and Travel Rights have become an important part of consumer protection and non-discrimination law. Their availability was an achievement of EU transport policy and EU legislation, which has been implemented, bit by bit, in the laws of the Member States including the UK.
However, with a hard BREXIT, part of these laws and protections are in the process of being dismantled or, at least, their effects seriously reduced. The outward looking approach and availability of rights for domestic and EU travel with broader impact on international travel by EU carriers is to be reduced to availability merely in the UK or to services by UK carriers. Enforcement of rights will be limited to those available by UK law and other EU rights will remain only available if enforced in any of the EU Member States.
Of major potential impact for citizens driving in the EU will be the loss of the protection offered by the Motor Insurance Bureau. This means that injured persons in accidents abroad can no longer avail themselves of the support of the Motor Insurance Bureau in claiming in the UK, but will have to investigate details of the defender abroad and sue and enforce their rights abroad, in a foreign language and often based on a different, possibly lower standard of living. This means that even where the victim is successful in claiming abroad, the victim suffering damages may not be fully compensated to the standard at the place where the damages are felt.
The impact is likely to be felt more significantly at the lower income end of citizens and the elderly who are less able to obtain detailed advice and have fewer means and/or energy to pursue their rights in litigation abroad with all the hurdles a dis-unified Europe will entail.
This policy brief starts by setting out the current legal framework before sketching the impact of a hard Brexit in this area.
Original languageEnglish
PublisherEdinburgh Law School
Number of pages6
Publication statusPublished - 1 Aug 2019

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