EU

Article: Action Plan for UK Legal Services

The Bar Council has backed a government “Action Plan” to promote the UK’s legal services sector overseas.

Article: ADOPTION OF 5 CRIMINAL JUSTICE DECISIONS

At the end of 2008, the Council definitively adopted 5 important Framework Decisions, all long-standing proposals, and some of whichhave been in the works for several years: on combating racism and xenophobia; on the protection of personal data...

Article: AGREEMENT ON EXTRADITION AND MUTUAL LEGAL ASSISTANCE

The JHA Council has adopted a decision approving the conclusion of two agreements with the USA, one on extradition, the other on mutual legal assistance. As a result of the former, all 27 bi-lateral extradition treaties with the US will need to be...

Article: APPEAL TO CJEU ON LAWYER – CLIENT CONFIDENTIALITY AND INHOUSE COUNSEL

C-557/07, Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission The Court of First Instance decision of September 2007, which declined to take the opportunity to extend the scope of Legal professional privilege in EU law to in-house counsel...

Article: APPLICATION OF CRIMINAL SANCTIONS IN PURSUIT OF COMMUNITY POLICIES - SHIP SOURCE POLLUTION

In 2008 the Commission issued a proposal for a directive applying criminal sanctions to reinforce the already-existing administrative and other penalties that can be applied to polluters. The European Parliament has backed the proposal.See:...

Article: APPOINTMENTS

The International Committee is pleased to announce that its member with responsibility for the CIS region, Rupert d’Cruz, has been appointed Chairman of the Eastern Europe Committee (PECO Committee) of the CCBE (Council of Bars and Law Societies of...

Article: AUTHENTIC ACTS

In December, the European Parliament adopted a resolution calling on the Commission to issue a proposal on the recognition of authentic acts as defined in the ECJ case law. The legal profession was lobbying for something wider in scope, offering the...

Article: AUTHENTIC ACTS

Despite the EP and French EU Presidency’s calls in late 2008 for rapid consideration of a legislative measure on the recognition and enforcement of authentic acts, the Commission has said that it will not issue a consultation before early 2010. When i...

Article: BAR COUNCIL PRESENCE AT THE IBA CONFERENCE, 4-9 OCTOBER IN MADRID

The Bar Council is encouraging all barrister with an interest in starting or developing their international practice to attend the IBA Annual Conference, which the biggest conference dedicated to bringing together lawyers with an international...

Article: Bar Council raises concerns about advocacy in criminal courts

SPEAKING in Vienna, where he is attending the European Bar Presidents Conference, the Chairman of the Bar, Desmond Browne QC, warned of the dangers of the ever increasing quantity of advocacy work being handled in-house by the Crown Prosecution...

Article: Bar Council to register its Brussels lobbying with European Transparency Initiative

The Bar Council is to register its Brussels-based lobbying activities with the European Commission’s European Transparency Initiative (ETI). Established in 2008, the ETI is designed to promote transparency and ethical conduct in the representation of...

Article: BELGIAN PRESIDENCY STUDY ON OPERATION OF CRIMINAL JUSTICE MEASURES

The Belgian Council Presidency, which will last from July to December 2010, will undertake a broad study on the effectiveness of existing EU criminal justice measures and the possible need to replace many of them with new Lisbon Treaty legislative...

Article: BEST PRACTICE IN ANTITRUST PROCEEDINGS

At the beginning of March, the Bar Council, together with the Law Society, jointly responded to 3 linked Commission consultations in the competition field, launched in January. See:...

Article: BI-LATERAL PROPOSALS – EU COMPETENCE - ROME I, II AND FAMILY

The two regulations recently adopted, establishing procedures for the negotiation, conclusion and variation of bi-lateral agreements between Member States and third countries, on respectively, applicable law in contractual and non-contractual...

Article: BI-LATERAL REGULATIONS EU COMPETENCE - ROME I, II AND FAMILY

Two regulations have recently been adopted establishing procedures for the negotiation, conclusion and variation of bi-lateral agreements between Member States and third countries, on respectively, applicable law in contractual and non-contractual...

Article: Both the European Parliament and the Swedish Council

Presidency will be advising the Commission on the way forward later this year. The House of Lords Sub-Committee E adopted its own report on the review in July.

Article: BRUSSELS I REGULATION REVIEW

In 2009 the Commission launched its 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. The Commission is analysing the responses to las...

Article: BRUSSELS I REGULATION REVIEW

The EU is currently conducting a 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. In October, the European Parliament Legal Affairs...

Article: BRUSSELS I REGULATION REVIEW

In late January, the Bar was represented on the panel at a European Parliament hearing anticipating the review later this year of regulation 44/2001 (“Brussels I”), and focussing on the controversial ECJ case law in the field. A report of the hearing is...

Article: Brussels I Regulation Review

The Commission has formally issued its report on the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”, together with a Green Paper setting out options for...

Article: BRUSSELS I REGULATION REVIEW

The Bar has responded to the Commission’s consultation on the 5 year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. This, and other Bar...

Article: Brussels Office report - June 2011

Date for your diary: “Justice in Times of Austerity” – London, 20 June 2011The Bar Council is hosting a seminar entitled “Justice in Times of Austerity” at the Inns of Court in London on the evening of 20 June 2011, at which Viviane Reding, EU...

Article: Brussels Office report - October 2011

European Contract LawThe Commission is expected to adopt a landmark legislative proposal on or around 18 October. A flavour of what to expect can be gleaned from Justice Commissioner Viviane Reding’s call to arms on the subject, viewable...

Article: CLIMATE CHANGE: EU ADOPTION OF EUROPE'S CLIMATE AND ENERGY PACKAGE

The EU has adopted a world-leading Climate and Energy Package. The package of measures imposes legally binding targets to cut greenhouse gas emissions by 20%; to establish a 20% share for renewable energy; and to improve energy efficiency by 20%, all...

Article: CODECISION AND NATIONAL PARLIAMENTARY SCRUTINY

In preparation for attending the above lecture, and indeed in anticipation of developments were the Lisbon Treaty to be adopted, a perusal of the House of Lords EU Committee’s recent report of the above name would be most...

Article: COMBATING LATE PAYMENTS IN COMMERCIAL TRANSACTIONS

The EP is due to adopt its draft report on this April 2009 proposal at the May Plenary session. See:http://www.europarl.europa.eu/oeil/file.jsp? id=5769082

Article: COMPANY LAW - PUBLIC CONSULTATIONS

DG Internal Market of the Commission has conducted two important consultations:(i) Harmonisation of Securities (holding and transaction) Law - in anticipation of legislative proposals to be issued towardsthe end of 2009.  ...

Article: COMPETITION - STATE AID RULES FOR SMES

The Commission issued a new handbook at the end of January:http://ec.europa.eu/competition/state_aid/studies_reports/sme_handbook.pdf

Article: COMPETITION AND CONSUMERS IN THE 21ST CENTURY

The Commission is hosting the above-titled 1-day conference in Brussels on 21 October 2009. The draft agenda and details for registration etc are available at: http://ec.europa.eu/competition/consumers/events/2009/index.html

Article: COMPETITION – DAMAGES IN ANTITRUST CASES

The Commission’s much-anticipated proposal for a directive on antitrust damages (several incarnations of which have been circulating this year) received a near-fatal blow from the European Parliament in October. It remains to be seen whether it can be...

Article: COMPETITION – DAMAGES IN ANTITRUST CASES

As at the time of writing, the Commission had not yet committed itself to a date for the adoption of its much anticipated proposal for a directive on antitrust damages.

Article: COMPETITION – HANDBOOK OF EU MERGER CONTROL RULES

The Commission has produced a handbook of EU rules applicable to merger control, as at 14 July 2009. See: http://ec.europa.eu/competition/mergers/legislation/merger_compilation.pdf

Article: COMPETITION – ONE MEETING MAY CONSTITUTE A CONCERTED PRACTICE

In June the ECJ issued judgment in Case C-8/08, holding that there is a presumption of a causal connection between a concerted practice and the conduct of the undertaking on that market, even if the concerted action arises from just a single meeting...

Article: COMPETITION – PRIVATE DAMAGES IN ANTITRUST CASES

Following on from its White Paper of this time last year, DG Competition has been working on a proposal for a directive on antitrust damages, covering the range of issues consulted on, including collective redress. The proposal was expected to be...

Article: COMPETITION – REPORT ON THE FIRST 5 YEARS OF REGULATION 1/2003

The Commission has adopted a largely positive report on the first 5 years of operation of Regulation 1/2003, which overhauled the procedural rules supporting the application of the EU’s antitrust Articles 81 and 82 TEC....

Article: CONSUMER COLLECTIVE REDRESS

Towards the end of 2008, the Commission’s years of preparatory work culminated in its issuing a Green Paper on Consumer Collective redress. The deadline for responses is 1 March 2009. The Bar is responding. See:...

Article: CONSUMER COLLECTIVE REDRESS

In early March, the Bar Council submitted a written response to the Commission’s November 2008 Green Paper on Consumer Collective redress. The Bar expressed no preference either way on the need for, or desirability of, developing collective redress...

Article: CONSUMER COLLECTIVE REDRESS

The Commission followed its November 2008 Green Paper on a possible EU Consumer Collective redress system, with a hearing and further written consultation in the early part of this summer. It remains unclear whether, and if so how and when the...

Article: CONSUMER PROTECTION

The EP is shortly to adopt an own initiative report on Consumer Protection under the new Lisbon Treaty and the priorities and policies it wishes to see in the future. It is also opining on the completion of the Internal Market for Consumers.

Article: CONSUMER RIGHTS DIRECTIVE: HEARING WITH NATIONAL PARLIAMENTS

The EP held a hearing in late March with National Parliaments on the proposal for a Consumer Rights Directive (2008/0196/COD). The focus of the debate was the appropriate level of consumer protection and the Commission's full harmonisation approach....

Article: CREATION OF AN EU CRIMINAL JUSTICE AREA

The EP is calling on the other institutions to create an EU criminal justice area. See: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A6-2009-0262&language=EN

Article: Crisis looming at European Court of Justice

InternationalMore advocates-general and judges are needed at the European Court of Justice (ECJ) if “crisis” is to be averted, a House of Lords’ report has found.

Article: E-JUSTICE

At the end of 2008 both the Council and the European Parliament formally threw their weight behind ambitious EU plans on e-Justice, entrusting the Commission with the task of setting up a European e- Justice portal; the management of horizontal issues...

Article: ECJ JUDGMENT ON EMPLOYMENT RIGHTS OF PREGNANT WORKERS

Case C-63/08 Pontin v Comalux, preliminary reference. Pregnant workers must enjoy effective judicial protection of their rights under Community law. Where the only remedy available under national legislation to a worker dismissed during pregnancy does...

Article: ECJ JUDGMENT ON MAXIMUM HARMONIZATION UNDER THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE - ECJ JOINED CASES: 261/07 AND 299/07

The judgment reconfirms the Unfair Commercial Practices Directive 2005/29/EC as a maximum harmonisation directive, holding that Member States may not adopt measures that are more restrictive, even in order to ensure a higher level of consumer...

Article: ECJ JUDGMENT TORPEDOES ANTI-SUIT INJUNCTIONS: CASE 185/07 WEST TANKERS

On 10 February, the Grand Chamber of the ECJ delivered judgment on one of the cases discussed, above, the reference for a preliminary ruling by the House of Lords in Case 185/07 Allianz SpA, Generali Assicurazioni Generali SpA, v West Tankers Inc....

Article: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

The EP’s Legal Affairs Committee (JURI) is preparing an own-initiative report responding to the Commission’s recent Communication on enhancing the enforcement of Intellectual Property Rights COM(2009)467). A draft report should be available by the tim...

Article: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

In May, the EP should adopt an own-initiative report responding to the Commission’s 2009 Communication on enhancing the enforcement of Intellectual Property Rights COM(2009)467). See further: www.europarl.europa.eu/oeil/file.jsp?id=5817632

Article: ENHANCED PATENT SYSTEM IN EUROPE

The Swedish Presidency of the EU has been enthusiastic in its attempts to secure agreement on a Unified Patent Litigation System, including the planned adoption of Council Conclusions on an Enhanced Patent System in Europe. See:...

Article: EU AND MEMBER STATES RATIFY THE “INTERNET TREATIES”

At the end of last year, the EU and its Member States ratified the World Intellectual Property Organisation (“WIPO”)’s Copyright Treaty and the WIPO Performances and Phonograms Treaty, the socalled "Internet" Treaties. The two WIPO copyright treaties...

Article: EU CONSUMER RIGHTS DIRECTIVE

In July, the House of Lords EU Committee adopted its Report on this October 2008 proposal. The Bar Council had given evidence to its preceding inquiry. For the report, see:...

Article: EU CONSUMER RIGHTS DIRECTIVE

The Bar is cooperating with other interested bodies at both national and EU level to debate the implications and respond to the Commission’s 2008 proposal for an EU consumer rights directive, a horizontal measure codifying and updating 4 existing EU...

Article: EU CONSUMER RIGHTS DIRECTIVE

The Bar has responded to the BERR consultation on the Commission’s October 2008 proposal for a horizontal EU consumer rights directive, and is inputting its views to the EU institutions too. The key points of principle were that: There should be no...

Article: EU CONSUMER RIGHTS DIRECTIVE

The Bar has formally responded to both the UK Department for Business, Enterprise and Regulatory Reform (“BERR”) consultation on this 2008 proposal; and to the House of Lords EU Subcommittee G inquiry, covering similar ground.

Article: EU PROJECT ON DEFENDANTS’ RIGHTS

The Bar Council is currently taking part in a project sponsored by the European Commission to produce factsheets containing a full description of the procedural rights under English law for EU citizens who may find themselves accused of a crime in...

Article: EUROPEAN BAR PRESIDENTS’ CONFERENCE

On 19/20 February the Annual Conference of European bar leader takes place again in Vienna. The substantive discussions will this year focus on the theme of “Collective Redress” which is where the European Commission is actively considering a major...

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

The Swedish Council Presidency is hosting what could prove to be a timely and politically important conference on this subject on 22 October 2009, reviving the tradition started under the UK Presidency in late 2005. See...

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

January 2009 saw the issue of the long-awaited Academic Common Frame of Reference (“ACFR”) (replacing the Draft CFR which came out this time last year). It is available on the Commission’s CIRCA database. The Commission is currently undertaking a pruni...

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

In early 2009, DG Justice, Liberty and Security took over Commission competence for this file from DG SANCO (Consumer Protection) . It intends to issue a Communication towards the end of this year, setting out its plans to convert the academic CFR into...

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

In June, the Justice and Home Affairs Council adopted its third resolution on the CFR, consisting of guidelines for the use of the Commission in its development. See: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/108356.pdfThe...

Article: EUROPEAN CONTRACT LAW AND THE DRAFT COMMON FRAME OF REFERENCE

At the end of 2008, the JHA Council adopted a report on the Common Frame of Reference for European contract law (“CFR”), reiterating its April 2008 position that the CFR would be a non-binding legal instrument, shaped as a set of guidelines to be used by...

Article: EUROPEAN EVIDENCE WARRANT

By the time of reading, the Commission should have launched a Green Paper consultation on an ambitious revamp of the European Evidence Warrant, which would extend its use to, for example, conducting interviews, videoconferencing, the collection of...

Article: EUROPEAN FOUNDATION STATUTE - A POSSIBILITY

The European Commission is conducting a public consultation on the difficulties foundations face when operating cross-border and the possible creation of European Foundation Statute to deal with those, including looking at how such a Statute might...

Article: EUROPEAN JUDICIAL NETWORK IN CIVIL AND COMMERCIAL MATTERS

The European Institutions have formally adopted a Decision amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters. The new decision will modernise the network and, of particular interest to the...

Article: EUROPEAN TRANSPARENCY INITIATIVE

Having considered the matter carefully, the Bar Council has taken the decision, in the interests of its members and of transparency, to register on the voluntary register of interest representatives of the European Commission. Its registration should...

Article: EVALUATION OF THE PRACTICAL APPLICATION OF THE EUROPEAN ARREST WARRANT

The June JHA Council adopted a report on certain aspects flowing from the recent evaluation of the operation of the European Arrest Warrant, and called for more work to be done with a view to updating the rules. See pg 32...

Article: EXCHANGE OF CRIMINAL EVIDENCE

The Bar Council recently responded to the Commission’s Green Paper on the possible extension of the European Evidence Warrant, to cover evidence that is not yet in existence (e.g. taking a witness statement) or that exists but is not directly a...

Article: EXCHANGE OF EVIDENCE IN CRIMINAL MATTERS BETWEEN THE MEMBER STATES

The Bar responded by the end-January deadline, to the Commission’s consultation on how best to obtain and transfer (all forms of) evidence in criminal matters, from one Member State to another, and secure its admissibility. The Commission is expected t...

Article: EXPLANATORY REPORT ON LUGANO CONVENTION OF 2007

The Lugano Convention of March 2007 (which covers similar ground to the Brussels I regulation, but as between the EC, Denmark, Iceland, Norway and Switzerland) now has an accompanying explanatory report, for use by national courts to clarify the...

Article: FAMILY - COOPERATION ON MAINTENANCE OBLIGATIONS

By the time of reading, the Council will have adopted this regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. The regulation will ensure that a...

Article: FAMILY - COOPERATION ON MAINTENANCE OBLIGATIONS

The new EU regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations ( Regulation (EC) No. 4/2009) was published in the Official Journal (L7/2009) and entered...

Article: FORTHCOMING PROPOSAL ON SUCCESSION AND WILLS

By the time of reading, the long-awaited Commission proposal for an EU regulation on jurisdiction and applicable law in the field of succession and wills should either have been adopted by the Commission, or put on ice until the autumn. When it is...

Article: FORTHCOMING PROPOSAL ON SUCCESSION AND WILLS

The long-awaited proposal for an EU regulation on jurisdiction and applicable law in the field of succession and wills is now expected to be adopted by the Commission in mid-October. The Spanish EU Presidency intends to treat it as a priority in early...

Article: FRAMEWORK DECISIONS ADOPTED AT JHA COUNCIL END FEBRUARY 2009.:

Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States; and Council Framework Decision on “in absentia judgments”, amending 5 existing decisions, including the...

Article: FRENCH TRAINEE JUDGES EXPERIENCE LIFE IN CHAMBERS

The International Committee has worked with the “Ecole Nationale de la Magistrature (ENM)” to place twenty of its trainee judges with English and Welsh chambers specialising in criminal and family law for five weeks over February and March. The int...

Article: GREEN LIGHT FOR EC SIGNATURE OF HAGUE CONVENTION ON CHOICE-OF-COURT AGREEMENTS

The JHA Council has recently adopted the Council decision (proposed last September) on the signing on behalf of the EC of this 2005 Convention, ensuring that choice-of-court agreements included in international trading contracts entered into by EU...

Article: GROUNDS FOR REFUSAL TO EXECUTE AN EAW – MEMBER STATE DISCRETION

On 6 October 2009, the ECJ gave judgment in Case C-123/08, an application for a preliminary ruling concerning the grounds for refusal to execute a European Arrest Warrant (EAW), and the discretion the Member States have in implementation thereof....

Article: GUIDANCE ON ROME II – APPLICABLE LAW IN NON-CONTRACTUAL MATTERS

The Rome II regulation on applicable law in non-contractual obligations, definitively adopted in July 2007, entered into force on 11 January 2009. The Ministry of Justice has recently issued guidance on its...

Article: GUIDELINES FOR FUTURE CRIMINAL LAW IN EU LEGISLATION

At the end of 2009, the Council adopted Conclusions setting out “Model Provisions, guiding the Council’s criminal law deliberations” to be used by the EU legislator when inserting criminal law provisions into EU legislative instruments adopted in pursu...

Article: GUIDELINES FOR FUTURE CRIMINAL LAW IN EU LEGISLATION

On 9 October, the Swedish Presidency tabled a draft set of guidelines and model rules for use by the EU legislator when inserting criminal law provisions into EU legislative instruments. The idea is also referred to in the Presidency draft Stockholm...

Article: Harmonising EU contract law

EU lawThe Bar Council has called on the European Commission to show restraint on controversial proposals to harmonise contract law. The European Commission has set out seven options for change, including full harmonisation of national contract laws...

Article: IMPROVING THE TRANSPARENCY OF DEBTORS’ ASSETS

The responsible committee of the European Parliament is, as I write, debating its draft report on the Commission’s March 2008 Green paper aimed at identifying possible EU measures to improve the transparency of debtors' assets and the right of c...

Article: IMPROVING THE TRANSPARENCY OF DEBTORS’ ASSETS

The replies to the Commission consultation on this subject are now available on the Commission’s website: http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm   Meanwhile, the Legal Affairs Committee “JURI” of the EP...

Article: Independent study shows CPS claims to save money using in-house advocates are based on “Alice in Wonderland accounting”

THE Crown Prosecution Service’s policy of taking more advocacy in-house will cost the taxpayer millions, according to an independent report. The consultants, Europe Economics, in a report commissioned by the Bar Council, reveal that the CPS’s claim to...

Article: INTELLECTUAL PROPERTY: EXTENSION OF COPYRIGHT TERM

The July 2008 proposal to extend copyright protection from 50 to 95 years, for performers and phonogram producers, should have been adopted by the EP by the end of March.http://www.europarl.europa.eu/oeil/file.jsp?id=5667672&language=en&mailer=true

Article: INTELLECTUAL PROPERTY: EXTENSION OF COPYRIGHT TERM

The EP has supported the Commission’s 2008 proposal to extend copyright protection for performers and phonogram producers, from 50 to 70 years. See:http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-0282

Article: INTERCONNECTIVITY OF COMPANY LAW REGISTRIES

The Commission has just closed a public consultation on possible ways to improve access to information on businesses across the EU; and more effective application of the company law directives....

Article: INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FAMILY MAINTENANCE

By the time of reading, the European Parliament will have opined on a proposal for the EU to conclude the 2007 International Convention aimed at ensuring a more effective recovery of child support and other forms of family (or similar relationship)...

Article: INTERNATIONAL RULE OF LAW LECTURE

This event is the third in a series of annual lectures on current challenges facing the rule of law around the world, organised by the International Committee of the Bar Council. The title of this year’s lecture is “The progressive erosion of the Rule of...

Article: INTERNATIONAL STANDARDS FOR STATUTORY AUDIT OF EU COMPANIES?

The European Commission is consulting the public to determine whether International Standards on Auditing (ISAs) should be adoptedin the EU. The deadline is 15 September 2009. See: http://ec.europa.eu/internal_market/auditing/isa/index_en.htm

Article: IP - TOWARDS A UNIFIED PATENT LITIGATION SYSTEM?

In June, the Council formally asked the ECJ for a ruling on the compatibility with the EC Treaty of a possible future Agreement creating a Unified Patent Litigation System (“UPLS”). The incoming Swedish EU Presidency will support...

Article: JHA COUNCIL CONCLUSIONS ON THE FINANCIAL CRISIS

The Council’s Civil Justice Working Group has been developing a set of Council conclusions on the justice response to the financial crisis. It will cover measures in the justice field that should contribute to future financial stability, including...

Article: KEY INTERNAL MARKET ISSUES FOR 2009

In early March, the Competitiveness Council adopted a Key issues paper for 2009 in the area of the internal market, highlighting the urgency of simplifying the regulatory environment for business, in particular SMEs as just one of the areas of focus...

Article: LATE PAYMENT IN COMMERCIAL TRANSACTIONS

Work is underway in the new Parliament to progress the Commission’s 2009 proposal for a directive to combat late payments in commercial transactions between businesses, or between businesses and public authorities. Once adopted, it will repeal and...

Article: LECTURE ON LAW-MAKING IN BRUSSELS

A date for your diary: Chalfen Memorial Lecture, 6 November 2009, 14h00 to 16h00 at the British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP. Jonathan Faull, Director General of the European...

Article: LIBERAL PROFESSIONS – OWNERSHIP AND OPERATION OF PHARMACIES

On 19 May the ECJ issued judgments in Case C-531/06 and in Joined Cases C-171/07 and C-172/07 holding that Italian and German legislation restricting the ownership and operation of pharmacies to pharmacists alone is justified by the objective of...

Article: LISBON TREATY - WHAT NEXT?

THE European Council meeting in December 2008, returned to the issue of the ratification of the Lisbon Treaty, and agreed concessions, conditional upon Ireland securing ratification during 2009. These include allowing each Member State to retain a...

Article: LISBON TREATY IN FORCE

The Lisbon Treaty, signed by the Heads of State and Government in December 2007, entered into force on 1 December 2009. The term “Lisbon Treaty” is shorthand for two new treaties: The Treaty on the Functioning of the European Union” (“TFEU”) which...

Article: LISBON TREATY RATIFICATION

The European Council, meeting in late October, agreed to add a protocol to the Lisbon Treaty which will allow the Czech Republic to opt out of the Charter of Fundamental Rights, just as the UK and Poland have done. This will mean that the Charter...

Article: MOTOR INSURANCE UNDER ROME II – COMMISSION CONSULTATION

The Commission has just completed an important consultation on the effects of the application of foreign law on claims arising from cross-border road traffic accidents, currently dealt with under Article 4 of EC regulation 864/2007 (applicable law in...