Europe

EU funds civil law projects for lawyers

The next time your legal interest group, local law society or other legal organisation is looking for funds to sponsor a seminar or training in EC law, be sure to explore the possibilities of obtaining funding from the European Commission. Solicitors in Scotland, like their EU counterparts, lack knowledge of the legal systems of other Member States. EU lawyers are therefore limited in the advice that they can offer to clients involved in cross-border cases. The Commission, in recognition of this particular problem, set aside funds for the specific purpose of encouraging lawyers in different Member States to work together with the goal of raising awareness of EC law and the legal systems present in the different Member States.

There are at least two important programmes that aim to support initiatives launched in EU Member States to make lawyers in the EU more aware of each other’s laws, languages and legal systems. The two programmes focus on judicial co-operation in civil law and judicial co-operation in criminal law. Both programmes support activities such as meetings, symposia, seminars, training, work experience, studies and research, or any combination of these activities. Many legal interest groups in the UK have taken advantage of the Commission’s programmes in this area and received funds for twinning projects, studies and seminars. The Law Society of Scotland received funds from the European Commission Robert Schuman Programme to fund a series of evening seminars on EC law for solicitors in Scotland spread over two years. This programme gave lawyers in Scotland a great opportunity to become acquainted with some of the fundamental principles of EC law and how it applies to their work. Legal interest groups in Scotland should look on this programme as an opportunity to work with lawyers in other Member States to explore an aspect of civil law which matches the European Commission’s own objectives.

For legal interest groups or organisations in Scotland interested in applying for funds in 2003, the latest programme was launched by the Commission in December 2002, to provide funds for projects in the field of civil law. Be warned that the Commission has set out its own priorities for action in this area and is looking for projects that reflect those objectives. For example, one of the priorities for 2003 is for projects focusing on the identification of best practice in EU Member States regarding the efficiency of justice in civil matters and the award of legal aid to facilitate access to justice. There are also more general objectives, which can be met by projects aimed at improving information to the public on access to justice, judicial co-operation in civil matters and the legal systems of other EU Member States. For this particular programme, the deadline for submission of projects is 14 March 2003. The projects should aim to start between 1 September 2003 - 31 December 2003 and finish before 31 December 2004. More details about the Commission’s priorities for projects and the eligibility criteria are set out in the Call for Proposals which is available on the following website

http://europa.eu.int/eur-lex/en/dat/2002/c_301/c_30120021205en00100016.pdf

The Law Society of Scotland’s Brussels Office produces a helpful Information Note that gives advice on applying for funds under the programme for judicial co-operation in civil matters. In addition there is a more general note on Obtaining EU Funds. Any solicitors wanting more information should contact the Brussels Office on: brussels@lawsociety.org.uk

Competition Law

A new milestone in EU Competition Law

A series of Notices aimed at clarifying sections of the recently adopted Regulation concerning the implementation of Articles 81 and 82 of the EU Treaty are set to be published in the coming months. Two years after the Commission first published its proposal for the reform of EU competition law and policy, ministers attending the Competitiveness Council in November last year agreed rules which many consider to be the most comprehensive reform of competition law since 1962. This modernisation process is aimed at updating the procedural rules contained in Regulation 17, which determines how to enforce the EU Treaty provisions on agreements between undertakings which may restrict competition (Article 81 of the Treaty) and abuses of a dominant position (Article 82 of the Treaty). The cornerstone of the new Regulation is the departure from the notification procedure used for notifying all business agreements to the Commission. Under the new Regulation there is a directly applicable exception system which puts the onus on companies to ensure that their agreements do not restrict competition and in cases where they do, that these restrictions qualify under Article 81(3). The provisions of Article 81 (3) will be directly applicable, which means that the Commission, national competition authorities and national courts will have joint powers of enforcement of the rules governing restrictive practices. The new rules will come into force on 1 May 2004.

President’s welcome to Solicitor General at Brussels office

It gives me great pleasure to welcome the Solicitor General for Scotland, Elish Angiolini, to the Law Society of Scotland’s Brussels office.  Once again I would extend congratulations to her on her appointment as the first member of the Law Society of Scotland to hold that position. We consider it both an honour and a privilege that such a senior member of the legal profession takes the opportunity to visit our Brussels office and meet with Brussels-based members of the profession.  Her appointment has been a very positive step for the profession not least when it comes to European matters as evidenced by today’s visit.

Areas which were hitherto the strict preserve of national law are increasingly being discussed at EU level – some current examples which spring to mind are the draft Directive on legal aid which the Law Society followed very actively; compensation for the victims of crime - and procedural safeguards in criminal proceedings.

As ever, changes and developments never come without both threats and opportunities: threats to those who are opposed to the whole “enterprise” and consequently disengage from the process, and opportunities for those who view the creation of new rights as a positive step for the development and benefit of society.  Naturally, the Law Society of Scotland falls into the second category.

Our relationship with and commitment to the EU has grown stronger over the years as evidenced first and foremost by this Brussels office. 

I have spoken to a number of the Scottish trainee solicitors who have done a turn in the Brussels office as part of their training, thus giving them the opportunity to see EU law in practice on a daily basis.

A number of initiatives testify to the Law Society’s firm commitment to furthering familiarity with European law:

The Society successfully obtained funds under the Robert Schuman programme to carry out a series of seminars throughout Scotland on the practical application of

European law. Furthermore the Scottish Lawyers’ European Group undertakes a variety of courses, conferences and training initiatives and a number of Faculties have obtained funding to organise twinning programmes with fellow European Bars and Law Societies. 

The Scottish Parliament itself recently carried out an inquiry into Scotland’s relationship with and growing influence on the EU decision-making process.  The Report recommends, amongst other things, a call for a distinct Scottish Parliament presence in Brussels to be responsible for networking and gathering information for Members of the Scottish Parliament (MSPs) on proposals from the EU.

All this demonstrates that Scotland and the Law Society of Scotland are making their presence felt in EU matters.

I would just like to conclude by reiterating how pleased we are that the Solicitor-General for Scotland has demonstrated her support for our efforts in promoting European law by coming here today.

Civil Law

Parliament considers minimalist approach to ADR

The Parliament’s Legal Affairs Committee began their debate on the Commission Green Paper on  Alternative Dispute Resolution (ADR) at their meeting in December http://europa.eu.int/eur-lex/en/com/gpr/2002/com2002_0196en01.pdf. The Committee’s Rapporteur Diana Wallis MEP, advocated a cautious approach towards legislation in this area. Her main interest lay in the development of minimal procedural guarantees which include ensuring that ADR mediators are trained to an accepted standard, the identification and application of recognised principles such as fairness and natural justice and the enforceability of ADR decisions in cross-border cases. Mrs Wallis’s preliminary assessment of the Green Paper indicates that her report may recommend general, non-binding rules of conduct, as opposed to a binding legislative instrument, at this stage. The Legal Affairs Committee will continue their consideration of the Green Paper at their meeting in January. The Law Society of Scotland and the Law Society of England and Wales have produced separate position papers on the ADR Green Paper, which have been sent to the Commission and the European Parliament.