EU

SMALL BUSINESS ACT - LATE PAYMENT IN COMMERCIAL TRANSACTIONS

<p>As part of its overall efforts to ease the administrative burdens on SMEs through the Small Business Act, the EU is in the process of adopting a directive to recast Directive 2000/35/EC so as to improve the effectiveness and the efficiency of remedies for late payment, through, in particular, the introduction of an entitlement to the recovery of administrative costs and compensation for internal costs incurred due to late payment. </p>
read more

GUIDELINES FOR FUTURE CRIMINAL LAW IN EU LEGISLATION

<p>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 Programme. </p> <p>See:<br /><a href="http://register.consilium.europa.eu/pdf/en/09/st14/st14162.en09.pdf">http://register.consilium.europa.eu/pdf/en/09/st14/st14162.en09.pdf</a> </p>
read more

EXPLANATORY REPORT ON LUGANO CONVENTION OF 2007

<p>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 meaning of the Convention and facilitate its uniform application. </p> <p>See: <a href="http://register">http://register</a>.consilium.europa.eu/pdf/en/09/st12/st12277-re01.en09.pdf </p>
read more

UK IMPLEMENTS THE EU LAW ON MUTUAL RECOGNITION OF FINANCIAL PENALTIES

<p>The UK has implemented the 2005 Framework Decision on mutual recognition of (court-ordered) financial penalties no longer subject to appeal. The implementing measures were included in the Criminal Justice and Immigration Act 2008. </p> <p><br /><a href="http://www.sparksproject.org/Userfiles/File%5CBriefing%20for%20">http://www.sparksproject.org/Userfiles/File%5CBriefing%20for%20</a>MoJ%20Press%20Office%20MRFP%2025%20Sept09%20(2).pdf </p>
read more

RIGHTS OF VICTIMS OF CRIME

<p>The JHA Council has formally asked the Commission and the Member States to embark on a major strategy to ensure the fulfilment of rights and support for victims of crime in the EU. Look out for Commission legislative proposals on the subject in 2010. </p> <p><br /><a href="http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en">http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en</a>/jha/110726.pdf </p>
read more

SETTLEMENT OF CONFLICTS OF EXERCISE OF JURISDICTION IN CRIMINAL PROCEEDINGS

<p>By the time of reading, the Council should have adopted a new Framework Decision aimed at resolving jurisdictional conflicts in criminal cases, through the establishment of a procedure for contact between the competent authorities, and rules on their exchange of information. </p>
read more

THE FUTURE STOCKHOLM PROGRAMME – UPDATE ON PROGRESS

<p>The EU’s work programme for the next 5 years in the area of Justice Liberty and Security, which is to be adopted at the December Summit in Stockholm, has been the subject of wide consultation and debate over the past 18 months. At the time of writing, the most up-to-date version is the Swedish Presidency draft, which can be seen at:<br /><a href="http://register.consilium.europa.eu/pdf/en/09/st14/st14449.en09.pdf">http://register.consilium.europa.eu/pdf/en/09/st14/st14449.en09.pdf</a> </p>
read more

AGREEMENT ON EXTRADITION AND MUTUAL LEGAL ASSISTANCE

<p>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 renegotiated. </p> <p><br /><a href="http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en">http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en</a>/jha/110727.pdf </p>
read more

“Substituting a British Bill of Rights and responsibilities for the Human Rights Act will displace adjudication to Strasbourg” says Chairman of the Bar

<p>DESMOND Browne QC, Chairman of the Bar, has spoken on the theme of ‘Human rights under threat abroad and at home’ at a fringe meeting at Labour Party Conference on Sunday. </p> <p>The meeting, organised by the Society of Labour Lawyers and the Bar Council, brought together a distinguished panel of speakers, consisting of Lord Bach, Parliamentary Under-Secretary of State, Ministry of Justice, Beatrice Mtetwa of the Zimbabwean Bar, and Desmond Browne QC, Chairman of the Bar. </p>
read more

CODECISION AND NATIONAL PARLIAMENTARY SCRUTINY

<p>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 informative: </p> <p><a href="http://www.publications">http://www.publications</a>. parliament.uk/pa/ld200809/ldselect/ldeucom/125/125.pdf </p>
read more