Legislation

By the time you read this, the European Parliament should have adopted further resolutions in support of the Commission’s “Think Small first” campaign to simplify the operating environment for SMEs, including the proposal creating the European Private Company statute; and an own-initiative recommendation requesting the Commission to issue a proposal to simplify the process of transferring a company seat 

Directive 2008/99/EC, whereby criminal sanctions can be applied for breach of environmental measures (Official Journal L 328 of 06/12/08 ), entered into force on 26 December 2008, and must be implemented into Member States’ law by the end of 2010. 

The Rome II regulation on applicable law in non-contractual obligations, definitively adopted in July 2007, entered into force on 11 January 2009. The Ministry of Justice has recently issued guidance on its application: 

http://www.justice.gov.uk/publications/guidance-rome-ii-non-contractual.htm 

A shopping basket of proposals, gathered without any particularly logical reason—John Cooper introduces the Coroners and Justice Bill 

Have lawyers got what it takes to do policy jobs? Yes, says Emma Hopkins 

The Commission would like to re-issue its previously aborted proposal for a Framework Decision on minimum procedural safeguards for suspects and defendants in criminal matters. However, a more piecemeal approach may be all that the Council will entertain – possibly an action plan, with individual elements of the original proposal taken forward one-at-a-time. Arguably better than nothing, but hardly the balance to e.g. the European Arrest warrant, that defence lawyers seek. 

THE Bar Council and the Criminal Bar Association have voiced their concerns over the Coroners and Justice Bill, which receives its Second Reading in the House of Commons. A briefing sent to parliamentarians set out concerns in a number of key areas including: 

• Homicide and suicide  
• Coroners  
• The Sentencing Council  
• Special measures 
•  Anonymity 

While the Bar Council and the Criminal Bar Association welcome changes to the law in these areas, they remain concerned that the Bill has failed to address a number of issues which could have profound unintended consequences. 

“Far-reaching” reforms in the Coroners and Justice Bill need more in-depth consultation, the Bar Council and Criminal Bar Association have warned. 

The Legal Services Board has appointed solicitors but no barristers to the Office for Legal Complaints, the new consumer complaints body. The six successful candidates—three solicitors and three non-lawyers—will serve for three years. 

The Legal Services Board (LSB) has unveiled its vision for the next five years.