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HMG’s Balance of Competences Review 2013 – 2014
The Government is conducting a two yearlong, detailed review of who does what between the EU and the UK , which should result in a set of open-ended reports across the subject areas. The current list and sequencing of reports is provided in a table on the FCO website, see:
On 16 May, the Government published a series of second semester calls for evidence, with submission deadlines in early August. Several touch on matters relating to our practice areas, amongst which three merit particular examination and probable response by the Bar:
Justice for Growth – the Justice Scoreboard
Earlier this year, the European Commission published the first Justice Scoreboard, which examines the justice systems across the Member States and seeks to identify the parameters that make for an effective justice system. As part of its “Justice for Growth” strategy, the EU institutions will be looking not only at how to maximise the effectiveness of national systems in the coming years, but also at what else needs to be done in the JHA field at EU level. See:
EP reviewing the implementation of the Stockholm Programme
The European Parliament (EP) is conducting an own-initiative review of the implementation of the 2009 Stockholm Programme, which defined the ambitions for the EU in the area of Justice and Home Affairs (JHA) for the five years to end 2014.
The aim is for adoption of a resolution in the autumn. The JURI and LIBE committees in the EP also hosted an inter-parliamentary hearing on the topic in late June. See:
Collective Redress – Commission recommends a horizontal approach
The Commission has adopted a package of proposals for non-binding measures to set common standards for collective redress mechanisms in the Member States. See:
Property consequences of divorce and registered partnerships
In March 2011, the Commission adopted two related proposals, on the jurisdictional and PIL rules relating to the property consequences of divorce and registered partnerships (Procedure references: CNS2011/0059 & 60) respectively. The EP is pushing for changes to the proposals so that registered partnerships enjoy the same PIL rules as regards property disputes, as married couples.
Brussels I revised - change its application to employment law?
The EP is suggesting a revision of the newly revised Brussels I Regulation (EU) No. 1215/2012, to change the rules on jurisdiction and applicable law in employment cases. See the draft report at:
Free movement of public documents in the EU
The Commission has adopted a proposal to remove administrative obstacles to the crossborder recognition of public documents, such as birth, marriage and adoption certificates, as well as documents proving the legal status and the registration of companies etc. (Procedure reference COD(2013)0119). See:
Commission Small Claims consultation
The European Commission conducted a public consultation on the functioning of the European Small Claims procedure, set up by regulation EC 861/2007 - See:
The Bar responded, calling for more training and raising of public awareness of the procedure, and expressing itself to be open to a rise in the threshold. The Bar’s short response can be seen at:
Review of legal aid in cross-border civil and commercial matters
The EP has formally called for greater efforts to improve awareness of the Legal Aid Directive of 2003 and for cooperation between the Member States to maximise its uptake. See:
We now wait to see what the Commission does with the EP’s recommendations.
Measure C – Right of Access to a lawyer
I am delighted to confirm, for anyone who has not already seen the coverage, that agreement has at last been reached between the EU institutions on the proposed directive on the right of access to a lawyer in criminal proceedings. The directive, as informally agreed, sets out minimum rules on the right of access to a lawyer, on the right to have a third party informed upon deprivation of liberty, and on the right to communicate, while deprived of liberty, with third persons and with consular authorities. Many of its key features are hard-won, and follow lengthy and intense lobbying by the legal profession, including the Bar, notably represented by the ECBA and the CCBE, and other NGOs such as JUSTICE. See:
Anticipating Measure C2 – Right to legal aid
The next step forward on the EU roadmap of defence rights should be taken this autumn when the Commission is expected to adopt a proposal on legal aid in criminal cases. Ahead of that, it is worth reading material that is being generated in anticipation thereof, including the European Criminal Bar Association (ECBA)’s latest edition of ECBA Touchstones, entitled “Minimum Standards for the right to Legal Aid (Measure C part 2)”. See:
European Public Prosecutor’s office – proposed creation is imminent
By the time of reading, the Commission should have adopted its proposal for a regulation creating the European Public Prosecutor’s office. It is expected to be far-reaching in its ambition for the Office, giving it exclusive jurisdiction to investigate and prosecute any offence which falls within its competence, but with sole discretion to cede this to competent national authorities in certain circumstances. Watch this space!
Protocol 36 to the Lisbon Treaty – the 2014 Opt-out – update
The House of Lords has been continuing to focus attention on the debate around the decision that must be taken by the Government before 1 June 2014, as to whether or not the UK will opt-out of a block of approximately 130 pre-Lisbon Treaty EU criminal justice measures; and if it does, whether and how it could opt back into some of them. Following on from its April report opposing the exercise of the opt-out, in June the Lords hosted a seminar-debate on the subject. The Bar has actively contributed at each stage of its work. See:
EU Data Protection Review
The Council has agreed a text, which is to form its negotiating position in its dealings with the EP over the coming months on the revision to the EU data protection rules. See:
New Agenda for European Consumer Policy
On 11 June, the EP adopted an own-initiative resolution setting out its ideas on a new agenda for European Consumer Policy. See:
Antitrust damages: Commission proposes legislation - at last?
The Commission has adopted a proposal for a Directive to facilitate damages claims by victims of antitrust violations, across the EU. See:
In parallel, the Commission has also produced two non-binding guides:
Towards more eff ective EU merger control
The Commission is conducting a consultation on possible improvements to the EU Merger Regulation (Regulation (EC) No 139/2004) on the control of concentrations between undertakings, OJ L 24, 29.1.2004. The deadline for responses is 12 September 2013. See:
Progress on modernising the EU’s public procurement rules
At the time of writing, informal agreement has been reached on the important revision of the EU public procurement rules, confi rming changes which the Bar supported, providing for fl exibility in the market for legal services, including the domestic market. This allows, for example, the Ministry of Justice, as it did in the spring, not to require tendering for Crown Court advocacy. For relevant documents, go to:
Note that on 26 June, the Commission adopted a proposal for a directive on e-invoicing in public procurement. See:
Professional Qualifications Directive
Institutional agreement has been achieved on the use of an EU professional card to prove qualifi cation, and related measures. The agreed text can be seen at:
All file information is available at:
and
OECD report “What makes Civil Justice eff ective?”
The OECD has published a report on the Civil Justice systems in its member states, examining the effect that factors such as trial length, judicial performance, litigation costs and appeal rates have on the effectiveness of their systems, and making recommendations thereon. See:
Access to justice in environmental matters
The Commission is conducting a public consultation, designed to:
The deadline for responses is 23 September. See:
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 and Wales. Please e-mail: Evanna.Fruithof@BarCouncil.be.
Evanna Fruithof
Consultant Director, Bar Council of England and Wales, Brussels Office
On 16 May, the Government published a series of second semester calls for evidence, with submission deadlines in early August. Several touch on matters relating to our practice areas, amongst which three merit particular examination and probable response by the Bar:
Justice for Growth – the Justice Scoreboard
Earlier this year, the European Commission published the first Justice Scoreboard, which examines the justice systems across the Member States and seeks to identify the parameters that make for an effective justice system. As part of its “Justice for Growth” strategy, the EU institutions will be looking not only at how to maximise the effectiveness of national systems in the coming years, but also at what else needs to be done in the JHA field at EU level. See:
EP reviewing the implementation of the Stockholm Programme
The European Parliament (EP) is conducting an own-initiative review of the implementation of the 2009 Stockholm Programme, which defined the ambitions for the EU in the area of Justice and Home Affairs (JHA) for the five years to end 2014.
The aim is for adoption of a resolution in the autumn. The JURI and LIBE committees in the EP also hosted an inter-parliamentary hearing on the topic in late June. See:
Collective Redress – Commission recommends a horizontal approach
The Commission has adopted a package of proposals for non-binding measures to set common standards for collective redress mechanisms in the Member States. See:
Property consequences of divorce and registered partnerships
In March 2011, the Commission adopted two related proposals, on the jurisdictional and PIL rules relating to the property consequences of divorce and registered partnerships (Procedure references: CNS2011/0059 & 60) respectively. The EP is pushing for changes to the proposals so that registered partnerships enjoy the same PIL rules as regards property disputes, as married couples.
Brussels I revised - change its application to employment law?
The EP is suggesting a revision of the newly revised Brussels I Regulation (EU) No. 1215/2012, to change the rules on jurisdiction and applicable law in employment cases. See the draft report at:
Free movement of public documents in the EU
The Commission has adopted a proposal to remove administrative obstacles to the crossborder recognition of public documents, such as birth, marriage and adoption certificates, as well as documents proving the legal status and the registration of companies etc. (Procedure reference COD(2013)0119). See:
Commission Small Claims consultation
The European Commission conducted a public consultation on the functioning of the European Small Claims procedure, set up by regulation EC 861/2007 - See:
The Bar responded, calling for more training and raising of public awareness of the procedure, and expressing itself to be open to a rise in the threshold. The Bar’s short response can be seen at:
Review of legal aid in cross-border civil and commercial matters
The EP has formally called for greater efforts to improve awareness of the Legal Aid Directive of 2003 and for cooperation between the Member States to maximise its uptake. See:
We now wait to see what the Commission does with the EP’s recommendations.
Measure C – Right of Access to a lawyer
I am delighted to confirm, for anyone who has not already seen the coverage, that agreement has at last been reached between the EU institutions on the proposed directive on the right of access to a lawyer in criminal proceedings. The directive, as informally agreed, sets out minimum rules on the right of access to a lawyer, on the right to have a third party informed upon deprivation of liberty, and on the right to communicate, while deprived of liberty, with third persons and with consular authorities. Many of its key features are hard-won, and follow lengthy and intense lobbying by the legal profession, including the Bar, notably represented by the ECBA and the CCBE, and other NGOs such as JUSTICE. See:
Anticipating Measure C2 – Right to legal aid
The next step forward on the EU roadmap of defence rights should be taken this autumn when the Commission is expected to adopt a proposal on legal aid in criminal cases. Ahead of that, it is worth reading material that is being generated in anticipation thereof, including the European Criminal Bar Association (ECBA)’s latest edition of ECBA Touchstones, entitled “Minimum Standards for the right to Legal Aid (Measure C part 2)”. See:
European Public Prosecutor’s office – proposed creation is imminent
By the time of reading, the Commission should have adopted its proposal for a regulation creating the European Public Prosecutor’s office. It is expected to be far-reaching in its ambition for the Office, giving it exclusive jurisdiction to investigate and prosecute any offence which falls within its competence, but with sole discretion to cede this to competent national authorities in certain circumstances. Watch this space!
Protocol 36 to the Lisbon Treaty – the 2014 Opt-out – update
The House of Lords has been continuing to focus attention on the debate around the decision that must be taken by the Government before 1 June 2014, as to whether or not the UK will opt-out of a block of approximately 130 pre-Lisbon Treaty EU criminal justice measures; and if it does, whether and how it could opt back into some of them. Following on from its April report opposing the exercise of the opt-out, in June the Lords hosted a seminar-debate on the subject. The Bar has actively contributed at each stage of its work. See:
EU Data Protection Review
The Council has agreed a text, which is to form its negotiating position in its dealings with the EP over the coming months on the revision to the EU data protection rules. See:
New Agenda for European Consumer Policy
On 11 June, the EP adopted an own-initiative resolution setting out its ideas on a new agenda for European Consumer Policy. See:
Antitrust damages: Commission proposes legislation - at last?
The Commission has adopted a proposal for a Directive to facilitate damages claims by victims of antitrust violations, across the EU. See:
In parallel, the Commission has also produced two non-binding guides:
Towards more eff ective EU merger control
The Commission is conducting a consultation on possible improvements to the EU Merger Regulation (Regulation (EC) No 139/2004) on the control of concentrations between undertakings, OJ L 24, 29.1.2004. The deadline for responses is 12 September 2013. See:
Progress on modernising the EU’s public procurement rules
At the time of writing, informal agreement has been reached on the important revision of the EU public procurement rules, confi rming changes which the Bar supported, providing for fl exibility in the market for legal services, including the domestic market. This allows, for example, the Ministry of Justice, as it did in the spring, not to require tendering for Crown Court advocacy. For relevant documents, go to:
Note that on 26 June, the Commission adopted a proposal for a directive on e-invoicing in public procurement. See:
Professional Qualifications Directive
Institutional agreement has been achieved on the use of an EU professional card to prove qualifi cation, and related measures. The agreed text can be seen at:
All file information is available at:
and
OECD report “What makes Civil Justice eff ective?”
The OECD has published a report on the Civil Justice systems in its member states, examining the effect that factors such as trial length, judicial performance, litigation costs and appeal rates have on the effectiveness of their systems, and making recommendations thereon. See:
Access to justice in environmental matters
The Commission is conducting a public consultation, designed to:
The deadline for responses is 23 September. See:
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 and Wales. Please e-mail: Evanna.Fruithof@BarCouncil.be.
Evanna Fruithof
Consultant Director, Bar Council of England and Wales, Brussels Office
HMG’s Balance of Competences Review 2013 – 2014
The Government is conducting a two yearlong, detailed review of who does what between the EU and the UK , which should result in a set of open-ended reports across the subject areas. The current list and sequencing of reports is provided in a table on the FCO website, see:
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Let’s hear it for the assessors, says Dame Anne Rafferty of the KC Selection Panel. And to make silk assessors’ lives a little easier when applicants come calling in May, Dame Anne fields some commonly asked questions
