EU

PROCEDURAL RIGHTS FOR SUSPECTS AND DEFENDANTS

<p>At the end of 2009 the JHA Council adopted a resolution setting out a “Roadmap” of 6 separate measures intended to protect the procedural rights of suspects and defendants in the criminal justice system. See: </p> <p><a href="http://register.consilium.europa.eu/pdf/en/09/st15/st15434">http://register.consilium.europa.eu/pdf/en/09/st15/st15434</a>.en09.pdf  The first of these measures, (A) on the right to translation and interpretation was the subject of a 2009 Commission proposal, but as it was not formally adopted by Council before the entry into force of the Lisbon Treaty, it has lapsed. The other measures foreseen in the roadmap are:<br />B. Information about rights and about the charges;<br />C. Legal Aid and legal advice;<br />D. Communication with relatives, employers and consular authorities;<br />E. Special safeguards for vulnerable persons<br />F. A green paper on the right to review the grounds for detention. </p> <p>The Commission is now under pressure to issue a new proposal for measure A, as well as at least one of the others, during 2010. </p>
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SERVICES DIRECTIVE IN FORCE

The Services Framework Directive (“the SFD”) (2006/123 EC), which aims to simplify and enhance the cross-border provision of services within the EU, for the benefit of both the consumer and the service provider, entered into force on 28 December 2009. As regards its application to the legal profession, successful lobbying by the Bar and other representatives of the profession during its EU legislative passage, ensured that the directive is complementary, but without prejudice, to the existing lawyers regime, i.e. the Lawyers’ Services Directive (77/249/EEC and the Lawyers’ Establishment Directive (98/5/EC). Accordingly, the SFD imposes some simplification of the administrative procedures and is intended to improve the accessibility, quality and quantity of information available, both to providers and users of legal services, but should not otherwise interfere with the existing regime. The SFD has been implemented into UK law by the Provision of Services Regulations 2009. See:<a href="http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111486276_en_1">http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111486276_en_1</a>
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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) maintenance. (Procedure reference CNS (2009)0100) See: <a href="http://www.europarl">http://www.europarl</a>.europa.eu/activities/committees/draftReportsCom.do?language=EN&body=JURI
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TOWARDS AN ENHANCED PATENT SYSTEM IN EUROPE

<p>The entry into force of the TFEU introduces a specific legal basis (Article 118) for the creation of European Intellectual Property Rights (IPR). Mindful of this, the Competitiveness Council has adopted Conclusions containing a package of measures, which together will form an Enhanced Patent System in Europe. These include: </p> <ul></ul><li>The creation of a European and EU Patents Court (“EEUPC”), the main features of which are set out, including that it is to have exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European and EU patents;  </li> <li>A regulation creating the EU Patent, together with a separate regulation on the language / translation arrangements; </li> <li>Enhanced partnership between the European Patent Office (“EPO”) and central IP offices of Member States; and  </li> <li> </li>As necessary, amendments to the European Patent Convention.
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PROPOSAL FOR A REGULATION ON CONFLICTS RULES IN SUCCESSION

<p>By the time of reading, the UK will have informed the EU institutions regarding its decision on whether or not to opt-in to the October 2009 Commission proposal for a regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession, and the creation of a European Certificate of Succession (Procedure reference COD(2009)0157. The Bar, and other branches of the UK legal profession recommended that it should not opt-in at this stage. The proposal as adopted has some good ideas, but there remain two primary areas of concern, being clawback and the current provisions on jurisdiction and certificates of succession. The proposal is available at:<a href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009">http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009</a>:0154:FIN:EN:PDF </p>
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EXCHANGE OF EVIDENCE IN CRIMINAL MATTERS BETWEEN THE MEMBER STATES

<p>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 to adopt a sweeping legislative proposal on this topic later this year. </p> <p>See: <a href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM">http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM</a>:2009:0624:FIN:EN:PDF </p>
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PROCEDURAL RIGHTS FOR SUSPECTS AND DEFENDANTS

<p>At the end of 2009 the JHA Council adopted a resolution setting out a “Roadmap” of 6 separate measures intended to protect the procedural rights of suspects and defendants in the criminal justice system. See: </p> <p><a href="http://register.consilium.europa.eu/pdf/en/09/st15/st15434">http://register.consilium.europa.eu/pdf/en/09/st15/st15434</a>.en09.pdf  The first of these measures, (A) on the right to translation and interpretation was the subject of a 2009 Commission proposal, but as it was not formally adopted by Council before the entry into force of the Lisbon Treaty, it has lapsed. The other measures foreseen in the roadmap are:<br />B. Information about rights and about the charges;<br />C. Legal Aid and legal advice;<br />D. Communication with relatives, employers and consular authorities;<br />E. Special safeguards for vulnerable persons<br />F. A green paper on the right to review the grounds for detention. </p> <p>The Commission is now under pressure to issue a new proposal for measure A, as well as at least one of the others, during 2010. </p>
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ROME II REGULATION - RIGHTS OF PRIVACY AND PERSONALITY

The EP’s Legal Affairs Committee (JURI), is preparing an owninitiative report intended to prompt the Commission into proposing a legislative initiative amending the Rome II regulation (EC) No 864/2007, so as to cover the law applicable to noncontractual obligations arising out of violations of privacy and rights relating to personality. JURI held a hearing on the subject on 28 January 2010, at which a member of the Bar was invited to speak.
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LISBON TREATY IN FORCE

<p>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: </p> <ul></ul><li>The Treaty on the Functioning of the European Union” (“TFEU”) which amends and replaces the old Treaty establishing the<br />European Community (“TEC”); and  </li> <li> </li>The Treaty on European Union (“TEU”), containing only the provisions on Common Foreign and Security Policy, which remains intergovernmental.
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Stockholm Programme Adopted

<p>At the end of 2009 the European Council adopted the Stockholm Programme, the EU’s 5-year Justice Liberty and Security work programme, to run from 2010 to 2014. <a href="http://register.consilium.europa.eu/pdf/en/09/st17/st17024.en09">http://register.consilium.europa.eu/pdf/en/09/st17/st17024.en09.pdf</a> </p> <p>The Commission will issue a detailed implementing Action Plan by mid-2010. </p>
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