European Union Committee Progress of Scrutiny Contents


SUB-COMMITTEE E

LAW AND INSTITUTIONS

MEMBERSHIP: Chairman: Lord Mance

Lord Blackwell, Lord Kerr of Kinlochard, Lord Tomlinson, Lord Wright of Richmond

Co-opted Members:

Lord Bowness, Lord Burnett, , Baroness Kingsmill, Lord Maclennan of Rogart, Lord Norton of Louth, Baroness O'Cathain, Lord Rosser.

(FOR FURTHER INFORMATION PLEASE CONTACT THE CLERK, JOHN TURNER, 020 7219 3194)

I.  DOCUMENTS AWAITING CONSIDERATION BY THE SUB-COMMITTEE
No documents awaiting consideration

II.  DOCUMENTS HELD UNDER SCRUTINY AWAITING THE OUTCOME OF CORRESPONDENCE WITH MINISTERS
8866/06 COM (06) 168European Parliament and Council Directive on Criminal Measures aimed at ensuring the enforcement of Intellectual Property Rights (originally Home Office) (Ministry of Justice from May 07)
Sifted 25 May 2006

Letters to the Government 8 June (awaiting RIA), 25 Jul, 19 Oct 06, 30 Nov 06, 16 Oct 07, 29 Nov 07 - Bridget Prentice MP, Parliamentary Under Secretary of State;

Letters to the Chairman 8 Jul, 22 Aug, 9 Nov 06, 30 Jul 07, 12 Nov 07

Response awaited following any developments in this matter

11356/06 COM (06) 346Communication from the Commission on adaptation of the provisions of Title IV of the Treaty establishing the European Community relating to the jurisdiction of the Court of Justice with a view to ensuring more effective judicial protection (Home Office)
Sifted 25 July 2006 Letters to the Government 20 Jul, 12 Oct 06, 11 Jan 07, 22 Feb 07, 12 Jul 07, 25 Oct 07, 17 Jan 08, 3 Jul 08, 23 Jul 08 - Meg Hillier MP, Parliamentary Under Secretary of State; Letters to the Chairman 15 Aug 06, 12 Dec 06, 30 Jan 07, 27 Jun 07, 13 Aug 07, 19 Dec 07, 16 Jun 08, 9 Jul 08

Awaiting further information on whether discussion of dossier to be revived

11817/06 COM (06) 400Green Paper on conflict of Laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition (DCA)
Sifted 6 September 2006 Letters to the Government 19 Oct 06, 25 Oct 07, 18 Dec 07 - Bridget Prentice MP, Parliamentary Under Secretary of State; Letters to the Chairman 27 Mar 07, 4 Dec 07
7972/08 COM (08) 135 Communication from the Commission to the European Parliament and the Council on "European Agencies - The Way Forward" (FCO)
Sifted 29 April 2008 Letters to the Chairman 24 Apr 08, 30 May 08; Letters to the Government 15 May 08, 18 Jun 08 - Jim Murphy MP, Minister for Europe

Request to be kept informed of developments

7984/08 + ADD 1,2 COM (08) 151 Proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety (presented by the Commission); Commission staff working document - Summary of Impact Assessment; Commission staff working document - Full Impact Assessment (DoT)
Sifted 3 June 2008 Letter to the Government 16 Jun 08, 12 Dec 08 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State; Letter to the Chairman 20 Nov 08

Request for a new draft and EM when amended proposal presented in Council

8235/08 + ADD 1-3 COM (08) 165 European Commission White Paper on damages actions for breach of the EC antitrust rules; Commission staff working paper SEC (08) 404; Commission staff working document - Impact assessment SEC (08) 405 ; Commission staff working document - Executive summary of the Impact Assessment SEC (08) 406 (BERR)
Sifted 29 August 2008 Letter to the Government 10 Oct 08 - Gareth Thomas MP, Minister for Trade, Investment and Consumer Affairs

Request to see Government response to the White Paper and results of consultation on improving competition regime

9200/08 COM (08) 229Proposal for amendment to Regulation 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (FCO)
Sifted 3 June 2008 Letter to the Government 18 Jun 08, 30 Jan 09 - Rt Hon Caroline Flint MP, Minister for Europe; Letter to the Chairman 11 Dec 08

Minister gave oral evidence on 18 Mar 09

12217/08 + ADD 1,2 COM (08) 464 Proposal for a European Parliament and Council Directive amending Directive 2006/116/EC of the European Parliament and of the Council on the term of protection of copyright and certain related rights (DIUS)
Sifted 4 November 2008 Letter to the Government 24 Nov 08 - David Lammy MP, Minister of State for Higher Education and Intellectual Property

Request for further information, results of consultations and Impact Assessment

5146/09 COM (08) 894Proposal from the European Commission for a Regulation of the European Parliament and of the Council establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and Third Countries concerning sectoral matters and covering jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations, and applicable law in matters relating to maintenance obligations (MoJ)
Sifted 3 February 2009 Letter to the Government 12 Feb 09 - Lord Bach, Parliamentary Under Secretary of State

Request for further information on the progress of proposals

5147/09 COM (08) 893Proposal from the European Commission for a Regulation of the European Parliament and of the Council establishing a procedure for the negotiation and conclusion of bilateral agreements between Member States and Third Countries concerning sectoral matters and covering applicable law in contractual and non-contractual obligations (MoJ)
Sifted 3 February 2009 Letter to the Government 12 Feb 09 - Lord Bach, Parliamentary Under Secretary of State

Request for further information on the progress of proposals

†5208/09Draft framework decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings (MoJ)
Sifted 24 February 2009 Letter to the Government 13 Mar 09 - Lord Bach, Parliamentary Under Secretary of State, Ministry of Justice

Request for further information

III.  DOCUMENTS UNDER SCRUTINY:

In connection with the Sub-Committee's Inquiry into "The Common Frame of Reference"
†12269/07 COM (07) 447 Report from the Commission : Second Progress Report on the Common Frame of Reference (Ministry of Justice)
Sifted 11 September 2007 Letter to the Government 16 Oct 07 - Cleared from Scrutiny, 27 Jun 08, 12 Mar 09 - Lord Bach, Parliamentary Under Secretary of State; Letter to the Chairman 15 May 08, 16 Jul 08, 10 Dec 08, 28 Feb 09

IV.  DOCUMENTS CLEARED FROM SCRUTINY, AWAITING OUTCOME OF CORRESPONDENCE WITH MINISTERS
Unnumbered Report from the European Parliament on a proposal for a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (FCO) [28.05.08]
Sifted 3 June 2008 Letters to the Chairman 26 May 08, 9 Jun 08; Letter to the Government 18 Jun 08 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe

Request to be provided with a copy of the decision in due course

†UnnumberedProposal for a Directive of the European Parliament and the Council providing for minimum standards on sanctions against employers of illegally staying third-country nationals (Home Office) [16.02.09]
Sifted 24 February 2009 Letter to the Government 5 Mar 09 - Cleared from Scrutiny - Phil Woolas MP, Minister of State for borders and Immigration

Request for explanation of why the Committee received the latest text after agreement in Council. Should the Government contemplate opting in to this measure a further Explanatory Memorandum is expected

COM (08) 329Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee towards a European e-Justice strategy (Ministry of Justice)
Sifted 15 July 2008 Letters to the Government 23 Jul 08, 24 Nov 08, 15 Jan 09 - Cleared from Scrutiny - Lord Bach, Parliamentary Under Secretary of State; Letters to the Chairman 8 Oct 08, 9 Dec 08

Request to be kept informed of the development of the EU's e-justice programme

13407/07 + ADD 1 COM (07) 502 Communication from the Commission: A Europe of Results - Applying Community Law (FCO)
Sifted 23 October 2007 Letter to the Government 15 Nov 07, 17 Jul 08 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe; Letter to the Chairman 24 Jun 08

Request to be informed of conclusion drawn from the pilot project for resolving complaints

5785/08 COM (07) 805 Report from the Commission pursuant to Article 6 of the Council Framework Decision of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property (2005/212/JHA) (Home Office)
Sifted 4 March 2008 Letters to the Government 13 Mar 08, 1 May 08 - Cleared from Scrutiny - Vernon Coaker MP, Parliamentary Under Secretary of State; Letters to the Chairman 21 Apr 08, 21 Jul 08

Awaiting final Government report on implementation

7279/08 Draft Council Framework Decision strengthening citizens' rights, fostering the application of mutual recognition in respect of decisions rendered following a trial at which the person concerned did not appear personally, and amending:

-  Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States ("the EAW FD")

-  Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties ("the Fines FD")

-  Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders ("the Confiscation Orders FD")

-  Framework Decision 2008/…/JHA of … on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union ("the Custodial Sentences FD")

Framework Decision 2008/…/JHA of … on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions ("the Probation FD") (Office for Criminal Justice Reform)

Sifted 26 March 2008 Letters to the Government 3 Apr 08, 1 May 08 - Cleared from Scrutiny - Rt Hon Baroness Scotland of Asthal QC, Attorney General; Letters to the Chairman 15 Apr 08, 23 Apr 08

Final text received 16 Mar 09

7403/08 COM (08) 128Green Paper on effective enforcement of judgements in the European Union: the transparency of debtors' assets (Ministry of Justice) (E)
Sifted 22 April 2008 Letters to the Government 15 May 08, 26 Jun 08, 23 Jul 08 - Cleared from Scrutiny - Bridget Prentice MP, Parliamentary Under Secretary of State - Cleared from Scrutiny; Letters to the Chairman 5 Jun 08, 10 Jul 08, 14 Oct 08 (Response to Green Paper)
7616/08 COM (08) 134Proposal for a directive of the European Parliament and of the Council amending directive 2005/35/EC on Ship-Source Pollution and on the introduction of Penalties for Infringements (MOJ)
Sifted 13 May 2008 Letters to the Government 22 May 08, 10 Jul 08, 24 Nov 08 - Cleared from Scrutiny - Lord Bach, Parliamentary Under Secretary of State; Letters to the Chairman 19 Jun 08, 4 Oct 08

Request for further information

10221/1/08 COPEN 112 Rev 1 Draft Council Decision on the European Judicial Network (Home Office)
Sifted 8 July 2008 Letters to the Chairman 7 Jul 08, 30 Jul 08; Letter to the Government 9 Oct 08 - Meg Hillier MP, Parliamentary Under Secretary of State; Considered at meeting 16 Jul 08 - Cleared from Scrutiny
10255/08 + ADD 1 COM (08) 323 Communication from the Commission on the European Transparency Initiative - A framework for relations with interest representatives (register and code of conduct) (FCO)
Sifted 1 July 2008 Letters to the Government 10 Jul 08, 16 Oct 08 - Cleared from Scrutiny - Rt Hon Caroline Flint MP, Minister for Europe; Letter to the Chairman 29 Jul 08

Request to see the outcome of the promised review

10770/08Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals (Home Office)
Sifted 29 August 2008 Letters to the Government 9 Oct 08, 24 Nov 08, 15 Jan 09, 5 Mar 09 - Cleared from Scrutiny - Phil Woolas MP, Minister of State for Nationality, Citizenship and Immigration; Letters to the Chairman 24 Oct 08, 9 Dec 08

Request for explanation of why the Committee received the latest text after agreement in Council. Should the Government contemplate opting in to this measure a further Explanatory Memorandum is expected

12089/08 COM (08) 466Commission Green Paper on Copyright in the Knowledge Economy (DIUS)
Sifted 30 September 2008 Letter to the Government 6 Nov 08, 11 Dec 08 - Cleared from Scrutiny - David Lammy MP, Minister of State for Higher Education and Intellectual Property; Letter to the Chairman 3 Dec 08

Request for further information

12135/08 COM (08) 508Amended proposal for a Council Decision on the conclusion by the European Community of the convention on International interest in mobile equipment and its protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 (BERR)
Sifted 7 October 2008 Letter to the Government 27 Oct 08, 12 Feb 09, 5 Mar 09 - Cleared from Scrutiny - Lord Davies of Abersoch, Minister for Trade and Investment; Letter to the Chairman 29 Jan 09, 2 Mar 09

Request for further information


v.  Reports awaiting Government Response:
No responses outstanding



 
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