Commercial Justice at the Intersection of Rule of Law, Investment, and Prosperity

On 6 May 2026, Team Europe Democracy Working Group 1 on Rule of Law and Accountability held a side event on “Commercial Justice at the Intersection of Rule of Law, Investment, and Prosperity” co-organised with the Hague Institute for Innovation of Law (HiiL) and the International Development Law Organization (IDLO), the event took place at HiiL headquarters in The Hague. The event brought together justice, development and investment perspectives to discuss how businesses, workers and communities can access fair, quick and predictable remedies when economic disputes arise.

Commercial justice matters because unresolved disputes can have direct consequences for people’s livelihoods. For a small business, a delayed payment, an unfair practice or an unenforced contract can threaten income, jobs, family stability and trust in public institutions. Accessible justice pathways, including mediation, small claims procedures, contract enforcement and legal help, can therefore support both rule of law and economic resilience. For these reasons, commercial justice does not only relate to economic governance, but also to the rule of law, democratic accountability and general stability.

The first panel, “Putting People at the Centre of Commercial Justice”, focused on the justice needs of SMEs, informal actors and women entrepreneurs. Drawing on examples from Kenya and Tunisia, speakers from HiiL and IDLO showed that commercial justice reforms should start from the real problems businesses face, such as informal contracts, contract disputes, court delays and regulatory complexity. The discussion highlighted the value of mediation, data-driven justice innovation, low-cost legal tools and solutions that are easy to use and embedded in the justice ecosystem.

The second panel, “Why does it matter and how does it support trade, investment, and economic objectives?”, looked at the connection between commercial justice, investment confidence and responsible private-sector engagement. Speakers from Oxfam Novib, the OECD, and the EU Delegation Morocco underlined that investment depends not only on financial opportunities, but also on legal certainty, honoured commitments and predictable remedies. The panel also stressed that fair investment requires human rights due diligence, stakeholder voice, accessible grievance mechanisms and meaningful participation of civil society.