EU

In the first of two articles, Paul Hynes QC examines the events leading to the extradition of Abu Hamza reaching the European Court

It is ironic that the decision on whether Abu Hamza remains in the UK or stands trial in the US is to be made in Europe. Although the British first arrested him in 1999, it wasn’t until 2003 that the UK authorities raided Finsbury Park Mosque and the Home Secretary served notice of his intention to deprive Abu Hamza of his British citizenship. 

The Paris Bar Exchange enables up to four UK barristers to spend a month with a Parisian law firm, attend court and conduct a mock trial. Kakoly Pandé took part in last year’s exchange and she discusses what she discovered about the French justice system.  

The Paris Bar Exchange is a unique programme organised by the Pegasus Scholarship Fund every year for barristers of up to five years practice from all Inns who can speak French fluently. It consists of spending the month of September with a Parisian law firm, where you are given an opportunity to attend the French Bar School equivalent (l’école de Formation), go to court with avocats and marshalling with judges. 

EU law

The 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 through an EU Regulation. Its goal is to boost cross-border trade by bringing more legal certainty on contract law for businesses and simpler rules for consumers.

Position: Barrister
Chambers: Brick Court Chambers 

Name: Lee Tyler
Position: Senior Clerk
Chambers:  2 Temple Gardens 

The dispute over the Ministry of Justice’s refusal to grant pensions to part-time judges has been referred by the Supreme Court to the European Court of Justice.

Strasbourg might well benefit from developing the margin of appreciation to take greater account of practical differences which arise between Convention states [and] which takes much greater account of differences in the respective legal, social and political tradition of those states,” Lord Neuberger MR told a packed audience of barristers and other lawyers at the European Circuit’s inaugural Annual Lecture on 24 June. 

Later this year anyone who is arrested in Europe will be able to find out about their legal rights – in their own language – online. Amanda Pinto QC discusses what the Council of Bars and Law Societies of Europe project involves 

The European Commission has decided to provide a pan-European project enabling those who come into contact with the criminal justice system in another member state to find out about their rights in their own language. 

Anthony Paphiti argues that the decision in Al-Saadoon and Mufdhi v UK could mean that armed forces engaged in nation building tasks are saddled with the responsibility of guarding prisoners on behalf of a non-ECHR host nation. This, he says, may hamper the conduct of operations.  

On 2 March 2010 the European Court of Human Rights (“ECtHR”), 4th Section, handed down its opinion in Al-Saadoon and Mufdhi v UK (App No 61498/08) (2010) Times, 10 March. The decision has hampered the conduct of operations for armed forces of Council of Europe States, especially those engaged on nation building tasks arising in the aftermath of conflict, which seek to restore the institutions of government and law and order. 

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 this jurisdiction.