Strengthening Economies through Commercial Justice: Lessons from the Justice Matters Conference

On the sidelines of the Justice Matters Conference in The Hague, Team Europe Democracy (TED), together with HiiL and IDLO, organised a side event on “Commercial Justice at the Intersection of Rule of Law, Investment, and Prosperity.” Bringing together representatives from EU institutions, international organisations, civil society, and the justice sector, the event explored how commercial justice systems can contribute to fair, productive, and inclusive economies and why they should be considered a key component of broader rule of law, governance, and development efforts.

The event was opened by Jakob Rieken (BMZ), Co-Chair of TED Working Group 1 on Rule of Law and Transparency and was moderated by Co-Chair Valentijn Wortelboer (Dutch Ministry of Foreign Affairs). 

The discussion began with a clear message: commercial justice is often overlooked in governance and development discussions, despite its direct relevance for economic participation, investment, and citizens’ everyday lives. Effective commercial justice systems help businesses resolve disputes, enforce contracts, access fair treatment, and build trust in markets and institutions. However, the implications of commercial injustice extend far beyond the economic sphere. Jakob Rieken recalled the example of Mohamed Bouazizi, the Tunisian street vendor whose repeated experiences of harassment, abuse of power, and lack of access to effective remedies became a catalyst for the Arab Spring. His story illustrates how unresolved grievances and the absence of fair and accessible justice can have profound social and political consequences. A people-centred approach to commercial justice helps make these connections visible by focusing on how justice systems are experienced in practice by SMEs, workers, entrepreneurs, and communities.

Strengthening commercial justice is therefore not only about improving the business environment – it is also about creating fair and inclusive conditions for economic participation, supporting investment, and ultimately contributing to more resilient, stable, and accountable societies.

The first panel focused on people-centred approaches to commercial justice, examining how justice systems can better respond to the needs of small and medium-sized enterprises (SMEs), entrepreneurs, and informal actors. Mascha Matthews (HiiL) presented evidence showing that SMEs in Tunesia account for around 90 per cent of businesses worldwide and generate the majority of employment, yet they frequently face legal and regulatory challenges that undermine their ability to grow and invest. Drawing on HiiL’s justice needs data from Tunesia and other contexts, she emphasised the importance of understanding the real-life justice problems faced by businesses and designing accessible, affordable, and practical solutions around those needs. Adam-Shirwa Jama (IDLO) shared experiences from Kenya, where court-annexed mediation has significantly reduced case backlogs and improved access to justice for businesses. With settlement rates reaching up to 96 per cent in some cases, mediation has proven to be a faster, less costly, and more accessible alternative to lengthy court proceedings. The discussion highlighted the importance of expanding alternative dispute resolution mechanisms, strengthening legal empowerment, and ensuring that entrepreneurs are aware of their rights and available remedies.

The second panel explored the relationship between commercial justice, investment, economic development, and just societies. Maria del Mar Roca (EU Delegation Morocco) shared lessons from Morocco’s ongoing judicial reform process, which seeks to strengthen commercial and administrative justice through a comprehensive approach that combines legal reforms with behavioural change, continuous monitoring, and broad stakeholder engagement. She stressed that sustainable reform requires working across the entire justice chain and ensuring that reforms remain accessible and responsive to citizens and businesses alike. Gender equality and the inclusion of vulnerable groups were highlighted as important cross-cutting priorities. 

Maaike de Langen (OECD) presented evidence on the economic costs of ineffective justice systems, noting that unresolved legal problems and inefficient dispute resolution mechanisms can have significant negative impacts on productivity, investment, and economic growth. She argued that commercial justice reforms should be grounded in data and evidence, focused on the actual needs and behaviour of users, and integrated into broader economic governance and investment strategies. 

Bringing a civil society and human rights perspective, Anouk Frank (Oxfam Novib) emphasised that commercial justice should not be viewed solely through an economic lens. She highlighted the importance of ensuring that investments contribute to fair and inclusive development outcomes, particularly for workers, small producers, and marginalised communities. Human rights due diligence, meaningful stakeholder engagement, and accessible grievance mechanisms were identified as essential safeguards for ensuring that investment and economic growth translate into tangible benefits for local populations.

Throughout the discussion, participants repeatedly stressed that commercial justice is not merely a technical legal issue. Rather, it sits at the intersection of rule of law, economic governance, investment, human rights, and democratic accountability. A recurring theme was the need to bridge traditional silos between justice, governance, economic development, and investment communities, and to place the needs of businesses and citizens more firmly at the centre of reform efforts. The event concluded with a clear message: strengthening commercial justice can help unlock economic opportunities, reduce uncertainty for businesses, increase trust in institutions, and support more inclusive and sustainable development pathways. Achieving this, however, requires people-centred, evidence-based, and collaborative approaches that bring together governments, justice institutions, civil society, development partners, and the private sector. Commercial justice is therefore not a niche issue, but a critical building block for prosperous, resilient, and equitable societies.