Brussels News October 2008

“Son Of Hague” And The EP’S Civil Justice Forum In December

The debate is now well underway as to what the Commission’s new 5-year (2010- 2014) work programme on justice and home affairs should
 contain. A high-level group of Justice ministers, brought together to advise the Commission and the Council in the field, has identified 5 objectives for the future:

  • improving the protection of citizens;
  • increasing legal certainty in family, commercial and civil law;
  • promoting access to justice within the EU;
  • advancing in the fight against organised crime;
  • meeting future challenges in the external dimension of justice policies.

The European Parliament is co-organising with the Council Presidency a major Civil Justice Forum to take place in Brussels on 2 December.
 
An eminent member of the Bar has been invited to speak at this landmark event. The programme is being finalised and I will notify you of it in a future issue.

E-Justice – Commission Plans For 2008 -13
As expected, the Commission has issued a Communication proposing an EU e-Justice strategy, with annexed to it an action plan setting out a timetable for the various envisaged projects over the next 5 years. The Council and the Parliament are both supportive.

Improving The Transparency Of Debtors’ Assets
In September, the Bar Council submitted its response to the Commission’s March 2008 Green Paper on possible EU measures to improve the transparency of debtors' assets. 

Legal Protection Of (Vulnerable) Adults – Cross-Border Implications
The French EU Presidency has called on the EU Member States to ratify the Hague Convention of 13 January 2000 on the International Protection of Adults. It has also asked the Commission to consider proposing a similar EU legislative measure. The European Parliament is keen.

Rome I – Applicable Law In Contracts
Regulation (EC) No 593/2008 on the law applicable to contractual obligations was adopted by the Council in June of this year. Since then, following extensive stakeholder consultation, the UK has formally notified its readiness to participate in Rome I, which should have been  confirmed at the time of reading. The regulation was published in issue L177, 04.07.08 Official Journal of the EC and will apply from 17  December 2009 to contracts concluded thereafter.

Family – Rome III – Jurisdiction And Applicable Law In Matrimonial  Matters
Following the failure to reach the unanimous agreement required for adoption at the June JHA Council on the original 2003 proposal for a regulation, the Commission has expressed its willingness to consider a formal request by 8 or more Member States for a proposal using enhanced cooperation. The expectation is that this will happen.

Family – Maintenance Obligations
It looks likely that all Member States, including the UK, will adopt this December 2005 proposal for a regulation, provided it is limited in scope to recognition and enforcement. Applicable law would be governed as between the signatories, by the November 2007 Hague Convention, which all Member States other than the UK will ratify and apply. Agreement along these lines is expected by October/November. Watch this space.

Enhancing Procedural Rights In Trials "In Absentia"
In recent months both the Council and the European Parliament have thrown their support behind this January 2008 joint Member State proposal for a Framework Decision on enhancing the procedural rights of persons, and fostering the application of the principle of mutual recognition, in respect of judicial decisions rendered in the absence oftheir subject. The aim is for adoption this year.

Criminal Records – Exchange Of Information Between Member States
Progress at last on elements of the EU’s long-heralded package of measures . The Framework Decision on taking into account of convictions in the Member States of the EU in the course of new criminal proceedings (proposed in 2005) was adopted in July; and agreement is expected on Commission proposal COM(2005)0690 (on organisation and content of criminal record data). The Commission has also recently proposed a Council Decision on the establishment of the European Criminal Records Information System (ECRIS) (COM(2008)
332 final).

Justice Forum – Debate On The Efficacy Of Mutual Recognition  In Criminal Matters
At a recent meeting of the Commission’s new EU “Justice Forum” the Commission promised to issue a Communication on mutual recognition  in the criminal justice field, identifying gaps in the programme,and problems in negotiating EU instruments and in their implementation.  The Commission also has plans for judicial training; ‘ne bis in idem’; conflicts of jurisdiction; a revised proposal on minimum procedural safeguards and the one on the rights of victims.

Environmental Crime
The Council is expected to adopt this 2007 proposal for a directive on the protection of the environment through the criminal law any time now.

European Contract Law And The Common Frame Of Reference
All eyes are on the Commission, currently engaged in revising down the February 2008 academic CFR, with a view to issuing a Commission CFR in the coming months. It will then conduct a public consultation on the results of this preliminary selection process. Meanwhile, the French EU Presidency will hold a major conference on the subject at the Sorbonne, Paris on 23 & 24 October 2008.

Small Business Act For Europe  (& European Private Company Statute)
Progress continues on proposals aimed at making life easier for small businesses:

  • a new General Block Exemption Regulation on state aids for SMEs
  • a statute for a European Private Company, which could be created and operate according to the same uniform principles in all Member States.
  • Option for Member States to apply reduced VAT rates for locally supplied services,
  • amendment to the directive on late payments is foreseen in 2009 to help to ensure that SMEs are paid within the 30 day time limit stipulated. See generally: 

Transparency Initiative – Commission’s Lobby Register Open For Business
The Commission’s voluntary online register of interest representatives engaged in influencing the policy formulation and decision-making processes of the European institutions is operational.

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.