Brussels News December 2008
The Stockholm Programme - Son of Hague
After months spent consulting on the content of its new 5-year (2010- 2014) work programme on justice and home affairs, the Commission is expected to present its plans in a Communication to be issued in late spring, 2009. It will probably fall to the Swedish Presidency of the Council to present conclusions on these - hence its being dubbed the “Stockholm programme”.
E-Justice
In mid-December, the European Parliament is set to formally approve, with some amendments, the Commission’s plans as set out in its 2008 Communication on e-justice - the term used to cover a wide range of internet-based EU initiatives in the justice field, from videoconferencing, to the availability of EU procedural documents in electronic form.
Improving the Transparency of Debtors' Assets
In its recent response to the Commission’s March 2008 Green Paper, the Bar suggested that the EU explore the feasibility of creating an EU Provisional Measure, to complement existing such measures available in the Member States. Responses are available here.
Authentic Acts
The French Presidency has asked for an EU measure aimed at the automatic mutual recognition of authentic (read "notarised") acts, provoking much debate in the European Parliament and among interested professionals. The Commission has promised to issue a Green Paper on the subject.
Succession
The Commission is expected to issue its long-planned proposal in this field in early 2009. HMG has been in discussions with the Commission aimed at engendering a full understanding of why a proposal that included harmonizing provisions relating to the administration and distribution of the estate would inevitably lead to a UK non-opt-in.
European Judicial Network in Civil and Commercial Matters
The European Parliament is supportive of the Commission’s 2008 proposal to extend the European Judicial Network, so as to, inter alia, open it up to the legal profession. (“EJN”)
Family - Rome III – Jurisdiction and Applicable Law in Matrimonial Matters
Efforts were underway at the time of writing to identify just how many Member States would be willing to proceed with enhanced cooperation on this controversial 2007 proposal, to see whether there are enough of them to garner the support of the Commission college to proceed. If the answer is positive, an adopted regulation could result in a matter of weeks, based on the agreements reached when the file stalled in the summer.
Maintenance Obligations – Jurisdiction, Applicable Law, Recognition and Enforcement
The JHA Council has recently reached agreement on the proposed new EU rules on maintenance obligations. There are to be 2 parallel systems for their recognition and enforcement, one covering Member States that are bound by the 2007 Hague Protocol, and the other covering those that are not. The expectation is that the agreed text will survive a second consultation with the EP, so the UK will likely opt-in.
“Practising Family Law in Europe” – Conference
The CCBE and ERA are jointly organising this conference, to take place in Brussels on 11 & 12 December 2008. Draft programme available here.
European Evidence Warrant
The Council is expected, any time now, to adopt this proposal for a Framework decision (originally put forward in 2003) creating the EEW, by which Member States will be able quickly to secure the transmission of existing evidence (objects, documents, data) in criminal proceedings, from another Member State.
Criminal Records - Exchange Of Information Between Member States
The JHA Council has agreed a general approach on the recent proposal for the establishment of a European Criminal Records Information System (ECRIS) (COM(2008)332 final). A pilot project has been launched to interconnect the criminal records of Spain, Belgium, Germany and France.
Cross-Border Enforcement Of Sanctions for Certain Road Traffic Offences
By the time of reading, the European Parliament should have adopted this 2008 proposal to establish a system to facilitate the crossborder
enforcement of sanctions for speeding, drink-driving, not using a seat belt, and failing to stop at a red light.
Protection of the Environment Through the Use of Criminal Sanctions
The JHA Council has recently adopted this directive, which, in line with ECJ jurisprudence, calls for Member States to provide for criminal sanctions that are “effective, proportional and dissuasive” in the event of serious breaches of environmental law.
EU Consumer Rights Directive
The long-awaited horizontal directive codifying and updating 4 existing EU consumer protection directives and replacing minimum harmonisation with targeted maximum harmonisation, was adopted by the Commission on 8 October 2008. By the time of reading, HMG (BERR) should have launched a formal public consultation on the proposal.
Competition – Antritrust Damages?
The Commission’s website contains links to the many responses it received to its April 2008 White Paper on antitrust damages, including that of the Joint Working Party of the Bars and Law Societies of the UK (“JWP”) to which the Bar contributed. The EP vote on the White Paper is expected to take place in early 2009, and the Commission has indicated that it will not take any decisions until after that.
Collective Redress in Consumer Cases
The Commission has undertaken a lengthy pre-consultation on the feasibility of creating a system of collective redress at EU level in consumer cases. It is expected to formally adopt a Green Paper on the subject around the time of reading.
Company Law – Transfer of Company Seat
The European Parliament is taking steps to ask the Commission to adopt a proposal to facilitate the intra EU transfer of Company seats. 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.
