EU

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. 

http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/jha/110727.pdf 

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:
http://register.consilium.europa.eu/pdf/en/09/st14/st14449.en09.pdf 

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. 

http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/jha/110726.pdf 

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. 

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. 

http://www.sparksproject.org/Userfiles/File%5CBriefing%20for%20MoJ%20Press%20Office%20MRFP%2025%20Sept09%20(2).pdf 

The Commission’s much-anticipated proposal for a directive on antitrust damages (several incarnations of which have been circulating this year) received a near-fatal blow from the European Parliament in October. It remains to be seen whether it can be revived once a new Commission is in place next year. 

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. 

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. 

See: http://register.consilium.europa.eu/pdf/en/09/st12/st12277-re01.en09.pdf 

The EU is in the process of agreeing two regulations concerning the Rights of passengers, the first when travelling by sea and inland waterway; the second by bus and coach (procedure reference COD (2008) 0246 and (2008)0237 respectively). The proposals relate to coordination between national authorities, but also deal with issues of compensation and damages. The Council has reached political agreement on a common position on the waterways proposal, 

see:
http://register.consilium. europa.eu/pdf/en/09/st14/st14354.en09.pdf 

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. 

See:
http://register.consilium.europa.eu/pdf/en/09/st14/st14162.en09.pdf