Brussels News April 2008
Lisbon Treaty Ratification-Update
As at the time of writing, 5 countries have completed the ratification process: France, Hungary, Malta, Romania and Slovenia. Ireland has yet to fix a date for its referendum on the Treaty and the UK Parliament has narrowly rejected the need for one.
Family – Rome III – Jurisdiction And Applicable Law In Matrimonial Maters
The Council remains unable to find a compromise which would retain provisions on applicable law in this 2006 proposal for a regulation, AND be acceptable to all of the Member States and EU institutions. We may yet see only a handful of Member States proceeding with this file.
Family – Jurisdiction And Applicable Law On Maintenance Obligations
The Council is trying to secure agreement on this December 2005 proposal for a regulation, either by limiting the EU regulation to recognition, jurisdiction and enforcement, (on which the UK could opt-in) with a separate instrument on applicable law; or having an optional section in this instrument on applicable law; or incorporating specific reference to the end-2007 Hague Convention on applicable law.
Family – Conflict Of Laws Concerning Matrimonial Property Regimes
The Commission has issued a paper summarizing the replies it received to this July 2006 Green Paper:
http://ec.europa.eu/civiljustice/news/docs/summary_answers_com_2006_400_en.pdf. The Commission plans to hold a public hearing on the subject towards the end of 2008, whereafter it may well issue a proposal on PIL issues in this field.
Rome I – Applicable Law In Contracts
At the time of writing, HMG is about to issue its much-anticipated consultation on whether the UK should opt-in to this important regulation incorporating an updated Rome Convention 1980 into Community law. With or without the UK, the regulation will be formally adopted at EU level sometime between now and the end of June. The Bar favours a UK opt-in.
Mediation In Civil And Commercial Matters
This 2004 proposal for a directive has been approved by the Council and will now go to the European Parliament for adoption, which should be a mere formality.
Wills And Succession - Jurisdiction, Enforcement And Applicable Law
The UK government has given explicit recommendations to the Commission on what it could accept, by way of scope and content, in an EU legislative instrument. The Commission is still aiming to issue a legislative proposal by the end of this year.
Enforcement Of Judgments In Absentia
At the beginning of 2008 a group of 7 Member States, including the UK, tabled this proposal for a Framework Decision, aimed at eradicating a problem that has plagued the operation of EU criminal justice instruments such as the European Arrest Warrant. HMG is conducting a public consultation on the proposal, deadline for responses, 10 April. The CBA will respond. See: http://www.justice.gov.uk/publications/cpl0408.htm
European Contract Law
The Draft Common Frame of Reference ("DCFR") was published at the beginning of this year. Stakeholders and the EU institutions are currently analysing it. The political debate on its status, purpose, scope and content is heating up. See: http://www.sgecc.net/pages/en/home/179.new_draft_common_
frame_of_reference_interim_outline_edition_in_print.htm). Meanwhile, the Slovenian EU-Presidency is organising a conference on the CFR on 28 & 29 April 2008 in Ljubljana.
European Private Company Statute ("SPE")
As a follow-up to the European Parliament's own-initiative resolution of 2007 calling on the Commission to issue a proposal for a SPE Statute, and the Commission's subsequent public consultation, the latter organised a hearing in Brussels on 10 March. The Council has already indicated that it would prioritise (and thus fast-track) any proposal issued in this field this year.
Bank Attachment
The Commission has recently issued a useful summary of the replies it received to its end 2006 Green Paper on the crossborder freezing of bank accounts. See: http://ec.europa.eu/civiljustice/news/docs/summary_answers_co
m_2006_618_en.pdf
Collective Redress In Consumer Policy
Further to the work undertaken by the Commission last year in exploring the possible need for, and form of, an eventual collective redress mechanism for consumers at EU level, the Commission has recently conducted a public consultation on possible benchmarks to be applied to collective redress systems in order to ensure satisfactory redress for consumers. See: http://ec.europa.eu/consumers/redress_cons/collective_redress_en.htm
EU Competition Policy
The Commission's White Paper on antitrust damages, following up on its 2005 Green Paper, is due for adoption at the time of reading. The Commission is also starting work on vertical and horizontal restraints, the regimes for both of which are due to expire in 2010. We can expect to see public consultations on
these towards the end of this year or in 2009.
Competition: Commission Study On EU Conveyancing Services Market
The Commission recently published a study on the EU markets for legal services associated with real property sales, which concludes that consumers have greater choice and pay less under deregulated
systems, with no loss in quality. This may have wider implication down the line. See: http://ec.europa.eu/comm/competition/sectors/professional_services/studies/studies.html
Hearing On Independence Of The Judiciary
In late March the Legal Affairs Committee of the EP held a hearing exploring the ways in which the independence of the judiciary is guaranteed in different Member States.
OECD Competition Report
The OECD Competition Committee has recently published a detailed report on "Competitive restrictions in Legal Professions", which has not been universally welcomed across Europe. See:
http://www.oecd.org/dataoecd/12/38/40080343.pdf.
Lords want the UK to be more involved in the protection of the EU's external borders. The House of Lords EU Committee issued a report asking HMG and the Schengen nations to take steps to ensure that the UK participates more fully in the development and operations of Frontex, the EU's external border agency. See: http://www.parliament. uk/parliamentary_committees/lords_s_comm_f.cfm
Developments on these and other current issues are reported on in Brussels News, the regular newsletter of the Brussels Office for members of the Bar of England & Wales. Please e-mail: evanna.fruithof@barcouncil.be
