Fédération des barreaux d’Europe

Editorial : The European Bars should play their part in working out the Stockholm programme

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Sweden will hold the Presidency of the European Union until 31st December 2009, when Spain takes over.

This period is vital because the programme, already known as the "Stockholm programme", will set in place all European Union policies of direct interest to the Bars (justice, policing and immigration) from 2010 to 2014.

The European Commission and States have already published their proposals.

The Bars and the national organisations should be aware of the proposals made by their States.

The Commission’s proposals are based around the theme of "A space for freedom, security and justice for citizens".

This amounts firstly to promoting citizen’s rights by the creation of a true Europe of Rights.

The European Commission intends to complement its system for protecting fundamental rights by adhering to the European Convention on Human Rights.

Further, it intends to develop a system of protecting vulnerable people, women who are victims of violence and people who remain dependent. It also intends to protect individuals’ personal data.

In addition, the European Commission is proposing a real Europe of Justice by developing the mutual recognition of equivalent legal judgements and their equivalents and the development of e-justice (already evoked in the previous Newsletter of the European Bars Federation) which will constitute a veritable legal portal. This would allow for people to be better informed about their rights and to be given access to information about national codes of law and judicial systems. The Commission also wishes that the use of videoconferences should be developed for legal matters and that certain European procedures (the European injunction to pay) should be carried out on line.

Finally, it intends that the training of legal professionals should be improved. This concerns a systematic European training for all new judges and prosecutors. We have to make sure that one should not forget that we are law professionals and we have to insist on participating in this European training with the magistrates.

The Commission itself recommends improvements in the working of the Justice Forum and the development of various professional networks. Already the European legal network for civil and commercial matters has been opened to lawyers. Each national bar should choose a speaker.

The Commission has also suggested the development and improvement of legal aid and mediation.

Finally, the European Law of contracts has not been left out, as it is discussed to set up model of contracts between private individuals or between companies. Their use will be voluntary. One can imagine that they would be found on the appropriate Commission site, especially the e-justice portal. There is even the possibility for an optional, specifically European regime for companies (which would thus become the 28th regime). It would introduce a unique, directly applicable, contractual legal regime.

Of course, the European Commission has developed a strategy for the protection of its citizens and an improvement in security through the struggle against cross-frontier crime, the development of electronic systems of evidence and the drawing up of a European mandate for obtaining evidence, and increasing exchanges about criminal records. The European Commission recognises that the Rights of the Defence should be reinforced as part of the action for improving security. In fact, the citizens can believe in a Europe of Law only if they can have an effective spokesman to support them ; their lawyer who guarantees their individual rights.

The Swedish Presidency has already agreed to a certain number of initiatives, especially the drawing up and development of the European arrest warrant, reinforced cooperation in the fight against trans-frontier crime and fair treatment for asylum seekers.

However, it has not yet made a decision about the elements that directly concern Justice and hence lawyers. The European Bars and the national organisations should intervene through the action of the European Bars Federation to submit their suggestions. The Stockholm Programme will be examined by the European Councils for "Justice and Home Affairs" from 30th November to 1st December 2009 and for "General Affairs and External Relations" on 7th and 8th December 2009. It should be adopted by the European Council on 10th and 11th December 2009. Subsequently an action plan will be adopted in the spring of 2010 under the Spanish Presidency.

We must intervene now. With your help, the European Bars Federation is ready to intervene in order to defend the defence

Michel BENICHOU President of the European Bars Federation