Brussels News December 2007
The Reform Treaty
On 18 & 19 October, EU heads of state and government reached agreement on the draft Reform Treaty, essential to adapt the existing Treaties and in particular their decision-making processes, to the needs and constraints of a greatly enlarged Union of 27 Member States. Beyond that, other highlights include an enhanced role for national parliaments in the EU legislative process, including greater powers for them to block proposals that are not in keeping with the principle of subsidiarity and proportionality; the UK protocols on the application of the Charter of Fundamental rights and on the competence of the Luxembourg courts in various areas, and many other changes, some subtle, and some more significant. See: http://europa.eu/reform_treaty/index_en.htm, and also:
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1139992024177
Review of the Brussels I regulation
The 2 studies on which Commission will base its 2008 report on the first 5 years of operation of Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, were published this autumn. See: http://ec.europa.eu/civiljustice/news/docs/study_application_brussels_1_en.pdf and
http://ec.europa.eu/civiljustice/news/docs/study_residual_jurisdiction_en.pdf
Rome I – applicable law in contracts
The Portuguese Presidency has been working hard to agree a compromise text which can be adopted by both the Council and the European Parliament by year’s end. The points of contention remain Article 5 on applicable law in consumer contracts and whether or not to include a choice of law provision; Article 5A, should provisions on insurance and reinsurance be included at all? and Article 8(3) application of third country mandatory provisions. At the time of writing, it is down to the politicians to decide, but hope springs eternal.
Mediation in civil and commercial matters
In October, the Legal Affairs committee of the EP co-hosted with the Portuguese Presidency a hearing on mediation which reenergised the debate between the EP and the Council. Thus, at the time of writing, an agreed text is all but finalised, much to the delight of the Bar which has actively supported this proposal for several years. For the JURI hearing speaking notes, see: http://www.europarl.europa.eu/comparl/juri/hearings/default_en.htm
Attachment of Bank Accounts
The European Parliament has adopted an own-initiative report on the Commission’s October 2006 Green Paper on the attachment of bank accounts, to which the Bar provided a detailed response earlier this year. The EP favours the plan to create an EU system, though there are calls for more data to prove need.
See: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A6-2007-0371&language=EN&mode=XML#title5
Service in the Member States of judicial and extrajudicial documents
The EP plenary has adopted a legislative resolution approving the 2005 proposal for a regulation repealing Council Regulation (EC) No 1348/2000. The new regulation will apply to judicial and non-judicial documents in civil and commercial matters which have to be transferred to another Member State for service there, with the emphasis being on speed and facility. For the text of the Council Common Position, see: http://register.consilium.europa.eu/pdf/en/07/st08/st08703.en07.pdf
Criminal law and the protection of the environment
The EU institutions are currently digesting the recent ECJ judgment in Case C-440/05 on criminal liability for "ship source" pollution, and its implications for the Commission’s February 2007 proposal for a directive on the protection of the environment through the criminal law (Procedure reference COD(2007)0022. Many expect the proposal to be withdrawn, as the ECJ judgment makes it plain that whilst the Community does have competence to apply criminal law in pursuit of environmental policy, it cannot dictate the manner in which this should be done. To assist with the analysis, the EP is organising a public hearing in Brussels on 19 December 2007, at which a senior member of the Bar will be speaking. See: http://www.europarl.europa.eu/oeil/file.jsp?id=5445232 and
http://www.curia.europa.eu/en/content/juris/index.htm
Review of the Consumer acquis
As a follow-up to its February 2007 Green Paper to which the Bar responded, the Commission has recently published a full list of responses, and hosted a public hearing on the subject. See: http://ec.europa.eu/consumers/cons_int/safe_shop/acquis/index_en.htm
Conclusion of the public debate on the modernisation of labour law
The Commission has adopted a Communication on the results of the public consultation on its November 2006 Green Paper on Modernising Labour Law. See: http://ec.europa.eu/employment_social/labour_law/green_paper_responses_en.htm
Transparency Initiative
The link below takes you to a complete history of this 2005 Commission initiative, by which lobbyists wishing to gain full access to the EU institutions and their output will need to register and adhere to a code of conduct, and in doing so, disclose certain information about their clients and funding. Some lawyers’ activities may be caught, so the key issue turns on how the Commission defines “lobbying” and “lobbying activities”. See: http://ec.europa.eu/commission_barroso/kallas/transparency_en.htm#3
Improving the rights of legal immigrants in employment
The Commission has recently adopted two proposals which form part of its December 2005 Policy Plan on Legal Migration. They deal with conditions of entry and residence of third country nationals for the purposes of highly qualified employment; and a single application procedure and a common set of rights for legal third country workers.
See: http://ec.europa.eu/justice_home/fsj/immigration/fsj_immigration_intro_en.htm
EU Counter-Terrorism Strategy and Action Plan on Terrorism
This autumn, the Commission launched a package of proposals as part of its fight against terrorism. See http://register.consilium.europa.eu/pdf/en/05/st15/st15704.en05.pdf and http://ec.europa.eu/justice_home/fsj/terrorism/strategies/fsj_terrorism_strategies_counter_en.htm
More power to Eurojust in the fight against organised crime and terrorism?
The Commission has approved a Communication on the complementary roles of Eurojust and the European Judicial Network in the context of the fight against organised crime and terrorism. It will adopt a legislative proposal amending the Eurojust Decision in 2008. See:
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/421&format=HTML&aged=0&language=EN&guiLanguage=en
EP Hearing on fundamental rights
In early October, the Civil Liberties Committee (LIBE) of the EP hosted a hearing on protection of fundamental rights in Europe, the papers for which can be seen at:
http://www.europarl.europa.eu/meetdocs/2004_2009/organes/libe/libe_20071008_1500_audition.htm
Developments on these and other current issues are reported on in Brussels News, the regular newsletter of the Brussels Office for members of
