News

The June JHA Council has agreed in principle this January 2008 joint Member State proposal for a Framework Decision. It includes a clear requirement to give a right to a retrial or appeal when the Defendant was not properly informed about the original trial, and had not appointed a lawyer to represent him or her. See:
http://register.consilium.europa.eu/pdf/en/08/st10/st10899.en08.pdf 

On 25 June, the Commission published its Small business Act for Europe, aimed at making life easier for small businesses. The SMA includes legislative proposals, including a new General Block Exemption Regulation on state aids and the proposal for a new statute for a European Private Company. See:
http://ec.europa.eu/enterprise/entrepreneurship/sba_en.htm 

The BVC Review Working Group, chaired by Derek Wood QC, presented its report to the Bar Standards Board at its meeting on 17 July. The report summarises the issues addressed, the methodology undertaken, and the wide evidence base used for decision-making (including analysis of existing material, wide-ranging meetings with relevant stakeholders and an online questionnaire completed by almost 500 present and recent BVC students). 

On 6 June the JHA Council adopted a decision (2008/431/EC) authorising 18 Member States (including the UK and Ireland) to ratify or accede to this 1996 Hague Convention. See: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:151:0036:0038:EN:PDF 

The House of Lords EU Committee has published its report on the use of Passenger Name Record (“PNR”) data. It endorses the effectiveness of PNR data in combating terrorism, and insists that the data should be used only in the fight against serious and clearly defined crimes. See: http://www.parliament.uk/parliamentary_committees/lords_s_comm_f.cfm
As regards the development of the EU Framework Decision instrument, the Council has made public a useful summary of the state of play in negotiations: http://register.consilium.europa.eu/pdf/en/08/st09/st09514-re01.en08.pdf 

In September the EP is expected to adopt a light-touch report supporting Commission ideas on the availability of voluntary legal expenses insurance, promoting consumer awareness and the availability of ADR in the field, etc. http://www.europarl.europa.eu/sides/getDoc.dopubRef=//EP//NONSGML+COMPARL+PE404.499+01+DOC+PDF+V0//EN&language=EN 

EMPLOYEDbarristers aspire to judicial roles and supervising pupils, results of the Employed Bar Survey revealed today. The Survey’s findings help to illuminatewhat is important to barristers practising at the employed Bar and will assist the Bar Council in promoting the invaluable work done by employed barristers. 

THREE hundred delegates attended this year’s Annual Remuneration Conference at the Hotel Russell in London on Saturday 21st June. This year’s proceedings were focused on looking to the future: the twin legacies of Sir David Clementi’s review of the regulation of legal services, culminating in the Legal Services Act 2007, and of Lord Carter’s Legal Aid Procurement Review were reviewed and delegates were challenged to consider how they would run their businesses now that the context of the legal services market had fundamentally changed. 

THE BBC has aired its five part drama series Criminal Justice. The series showed the experience of a youngman falsely accused of a crime and his journey through the criminal justice system. The character, Ben Coulter, is first a police suspect, later a defendant and then a prisoner. 

The June JHA Council agreed a set of political guidelines on this December 2005 proposal for a regulation, on scope, jurisdiction, applicable law, recognition and enforceability, a review clause and the complete abolition of exequatur on the basis of harmonised applicable law rules.