Brussels News August 2008
The Bar Council Brussels office has moved to new modern and well equipped premises at 85 Avenue des Nerviens, a stone’s throw from the European Institutions. The Bar will benefit from the synergies the office will enjoy from sharing with its office partners: the German Federal Bar, the Law Societies (encompassing England and Wales, Scotland and Northern Ireland) the Austrian Bar, the French and German speaking Belgian Bar, the Luxembourg Bar and the Czech Bar. The official opening of the joint office was marked by a reception on 3 June, which Timothy Dutton QC, Chairman of the Bar cohosted with the Presidents of the office partners. For information on the use members of the Bar can make of the office and meeting room facilities, please contact Natasha Foy at the Bar Council London office.
Lisbon Treaty Ratification – Update
The European Council will return to the issue of Ireland’s rejection of the Lisbon Treaty and what to do about it, at its next meeting on 15 October 2008. At the time of writing, 19 Member States have completed the ratification process. The others are encouraged to continue doing so.
House Of Lords Inquiry on the Initiation of EU Legislation
Details of the recent House of Lords inquiry on the sources of ideas for EU legislation, to which the Bar contributed; together with details of several other inquiries of interest to the Bar.
Role of the National Judges in the European Judicial System
In June the Legal Affairs Committee of the EP adopted this ambitious report calling for better judicial training and cooperation throughout the EU. In the autumn, the Commission will be asked by the Plenary to consider tabling a legislative proposal in light of it.
E-Justice – Harnessing Information Technology in the Service of EU Judicial Cooperation
The Commission has issued a Communication proposing an EU e-Justice strategy, identifying priority actions for the next 5 years, including the creation of a European e-Justice portal for citizens and encouraging effective cooperation between judicial authorities in the Member States.
There is also an EP Working Document on the same subject.
Rome I – Applicable Law in Contracts
As expected, the June JHA Council adopted this important regulation converting the Rome Convention 1980 into a Community regulation, and modernising and adapting it to purpose. It should come into force around the end of 2009. The Bar’s response to the UK consultation on a possible opt-in was positive. There will be a conference on the subject, in London, on 19 September 2008.
European Contract Law and the Common Frame of Reference
At the beginning of July, the Commission responded to a series of oral questions, posed by the EP, on its plans regarding the draft CFR and its current work developing a White Paper on European Contract Law. This was followed by the adoption by the EP of its 4th resolution on the subject, setting out its vision of what the Commission should, and should not, be doing. Meanwhile, the French EU Presidency will hold a major conference on the subject at the Sorbonne, Paris on 23 & 24 October 2008.
Family - Rome III – Jurisdiction and Applicable Law in Matrimonial Matters
The June JHA Council accepted that it would never achieve the unanimity required to adopt this 2006 proposal as a pan-EU instrument. The Council will now try to secure the agreement of a sufficient number of Member States to be able to proceed using enhanced cooperation.
Family - Maintenance Obligations
The June JHA Council agreed a set of political guidelines on this December 2005 proposal for a regulation, on scope, jurisdiction, applicable law, recognition and enforceability, a review clause and the complete abolition of exequatur on the basis of harmonised applicable law rules.
1996 Hague Convention on Protection of the Child
On 6 June the JHA Council adopted a decision (2008/431/EC) authorising 18 Member States (including the UK and Ireland) to ratify or accede to this 1996 Hague Convention.
Mediation in Civil and Commercial Matters
On 21 May the Council adopted directive 2008/52/ EC on certain aspects of mediation in civil and commercial matters, designed to facilitate the voluntary use of mediation in crossborder (as defined) civil or commercial disputes. The Directive entered into force in June, and must be implemented into national law by the 21 May 2011.
Lugano Convention - Recognition, Enforcement and of Civil and Commercial Judgments
Pending EP assent, the Council has approved this December 2007 replacement to the September 1988 Lugano Convention. See OJ L339,21,12.2007.
Crime - Enhancing Procedural Rights in Trials "In Absentia"
The June JHA Council has agreed in principle this January 2008 joint Member State proposal for a Framework Decision. It includes a clear requirement to give a right to a retrial or appeal when the Defendant was not properly informed about the original trial, and had not appointed a lawyer to represent him or her.
Criminal Records - Exchange of Information Between Member States
The 2005 proposal on organisation and content of this data is nearing final approval. The European Parliament has given it the green light.
Passenger Name Record – National and EU Developments
The House of Lords EU Committee has published its report on the use of Passenger Name Record (“PNR”) data. It endorses the effectiveness of PNR data in combating terrorism, and insists that the data should be used only in the fight against serious and clearly defined crimes.
As regards the development of the EU Framework Decision instrument, the Council has made public a useful summary of the state of play in negotiations.
Environmental Crime
The EP Plenary has adopted a resolution supporting this 2007 proposal for a directive on the protection of the environment through the criminal law. Council adoption should follow.
Towards a European Patent System
Negotiations are continuing apace in the Council Working Party on Intellectual Property (Patents). A good overview can be obtained from the end May 2008 Presidency Progress report on enhancing the Patent system in Europe (though you should check for more recent developments by the time of reading) and the end May Presidency Working document containing a revised proposal for a Council Regulation on the Community patent.
Small Business Act For Europe (& European Private Company Statute)
On 25 June, the Commission published its Small business Act for Europe, aimed at making life easier for small businesses. The SMA includes legislative proposals, including a new General Block Exemption Regulation on state aids and the proposal for a new statute for a European Private Company.
Antitrust: New Settlement Procedure for Cartels
In line with the results of a public consultation carried out late last year, at the end of June the Commission introduced a legislative package launching a settlement procedure for cartels, which could allow them to benefit from a reduction in fines of up to 10%.
EP Own Initiative Report on Certain Aspects of Motor Insurance
In September the EP is expected to adopt a light-touch report supporting Commission ideas on the availability of voluntary legal expenses insurance, promoting consumer awareness and the availability of ADR in the field.
Transparency Initiative – Commission's Lobby Register Open for Business
On 23 June, the European Commission launched its voluntary online register of interest representatives engaged in influencing the policy formulation and decision-making processes of the European institutions. It is expected that eventually there will be a common register for all three main EU institutions. 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. The next issue will be in September/October. Please e-mail Evanna Fruitof.
