Brussels News February 2007
Chairman Of The Bar Visit To Brussels
In late November 2006 then Chairman of the Bar Stephen Hockman QC was in Brussels for a series of meetings, accompanied by others from the Bar Council, including Geoffrey Vos QC, his successor. The topical programme included discussions on both civil and criminal justice developments and European Contract law, and touched on "big-picture" issues such as climate change. Brussels News 70 contains a fuller report (see below).
House Of Commons Home Affairs Committee Inquiry Into JHA Issues
As part of its ongoing inquiry into JHA issues at EU level, the UK Parliamentary Home Affairs Committee spent 2 days in Brussels in late November, meeting with key institution officials and politicians, and also with the Bar's Brussels Representative, Evanna Fruithof, accompanied by a senior member of the CBA. We have since submitted written observations, focussing on the criminal justice side. For details of
the inquiry, see: http://www.parliament.uk/parliamentary_committees/home_affairs_committee/hacpn060725no47.cfm Jonathan Faull, Director General of DG JLS's evidence to the HAC can be
seen at: http://www.publications.parliament.uk/pa/cm200607/cmselect/cmhaff/uc76-ii/uc7602.htm
Civil Justice Council, Visit To Brussels
At the end of 2006, a high-level delegation from the Civil Justice Council ("CJC"), led by its Chairman Sir Anthony Clarke, Master of the Rolls, held a series of meetings in Brussels and attended a reception which was co-hosted by the Bar Council Brussels Office and the Law Society. See: http://www.civiljusticecouncil.gov.uk/
CBA Lecture On EU Criminal Law Developments
In December, the Bar's Brussels Representative, Evanna Fruithof gave a lecture to the CBA on developments in criminal law at EU level. See: http://www.criminalbar.com/
Trio Presidency Work Programme 2007/8
To get a flavour of where priorities will lie at EU level over the next 18 months, see the joint German, Portuguese and Slovenian Presidency Work Programme: http://www.eu2007.de/en/The_Council_Presidency/trio/index.html
Enlargement And New Commissioners
On 1 January 2007, Bulgaria and Romania acceded to the EU. Their new Commissioners are:
_ For Bulgaria, Meglena Kuneva, Commissioner for Consumer Protection (newly separated from the health
portfolio in anticipation of this enlargement); and
_ For Romania, Leonard Orban, Commissioner for multilingualism.
European Union Agency For Fundamental Rights
In light of strong political support in Council for its establishment, as agreed in December, work proceeds to create this agency as soon as possible. See: http://register.consilium. europa.eu/pdf/en/06/st16/st16018.en06.pdf
Taking Previous Convictions In Another Member State Into Account
In December, the Council agreed a general approach on this Commission proposal of late 2005, paving the way for the framework decision to be adopted during the first half of this year. See: http://register.consilium.europa.eu/pdf/en/06/st15/st15445-re01.en06.pdf
European Evidence Warrant ("EEW")
By the time of reading, the Council should have adopted this Council Framework Decision creating the European Evidence Warrant for obtaining existing and readily-available objects, documents and data for use in proceedings in criminal matters. This long-awaited instrument was always intended to facilitate the operation of the European Arrest Warrant. At a later date, the Commission will issue a parallel
proposal covering other types of evidence, likely including the conduct of interviews, taking of witness statements, DNA testing, etc.
Rome I – Law Applicable To Contractual Obligations
The UK has exercised its right not to opt in to this 2005 proposal, though most developments on the file during 2006 would allow that decision to be reversed. One point of controversy is whether the existing Rome Convention text on consumer contracts should be transposed, or modernised. There may yet be impact assessments carried out on this and other issues, delaying the whole procedure. See:
http://www.europarl.europa.eu/oeil/file.jsp?id=5301232
Rome II – Law Applicable To Non-Contractual Obligations
By the time of reading, the European Parliament is expected to have adopted its second reading report, reinserting into the draft regulation articles on defamation and road traffic accidents, both deleted by the Council at an earlier stage. We can thus expect the file to be the subject of a lively
conciliation procedure between the two institutions. See:
http://www.dianawallismep.org.uk/pages/rome2.html?PHPSESSID=411ce390860c3fb55a791ea86b693950
Family Law: Green Paper On Matrimonial Property Rights
The Family Law Bar Association was the first of several UK professional bodies to submit critical responses to the Commission's July 2006 Green Paper on this subject. By the time of reading, the responses to the GP should be available on the Commission's website: http://ec.europa.eu/justice_home/news/consulting_public/
news_consulting_public_en.htm
European Order For Payment
In December this ground-breaking cross-border civil procedure instrument was adopted. It will enter into force once published in the Official Journal of the European Community. See: http://register.consilium.europa.eu/pdf/en/06/st03/st03659-re02.en06.pdf
Limitation Periods In Cross-Border Personal Injury Claims
The European Parliament is asking the Commission to assess the need for EU legislation to streamline limitation periods in cross-border personal injury claims. The EP wants to see a general limitation period of 4 years, with the start date, expiry date and other factors, defined.
Enforcement Of Intellectual Property Rights
The Legal Affairs Committee of the EP is supportive of the Commission's proposal for a directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (COM(2006)0168) but wants patents to be excluded from its scope.
Review Of The Consumer Acquis
At the time of reading, the Commission should have issued a Green Paper on the review of the Consumer Acquis, delayed from December because of the Commissioner changeover following enlargement (see above). The Bar will respond. See also:http://ec.europa.eu/consumers/cons_int/safe_shop/
acquis/index_en.htm
Services Framework Directive
This directive, controversially adopted by the Commission in early 2004, was adopted in Council in mid-December, and entered into force on 28 December 2006, from which date Member States have 3 years to implement it into national law. The Bar will liaise with HMG and with other relevant domestic bodies to ensure that the eventual implementing law brings maximum benefit with minimum inconvenience,
both for the profession and for its clients. See : http://europa.eu.int/eur-lex/lex/JOHtml.do?uri=OJ
:L:2006:376:SOM:EN:HTML
Environment Council
In December, the Environment Council adopted the new Regulation on the registration, evaluation, authorisation and restrictions of chemicals (REACH). For details, see:http://ec.europa.eu/enterprise/reach/index_en.htm
The Council also reached political agreement on the framework directive for EU action on marine environment policy and adopted conclusions on climate change. See: http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pres
sData/en/envir/92249.pdf
