Article

1 June 04

From the Brussels office

EU update on maintenance recovery; fair trials

Maintenance recovery

Family law, an area once untouched by “Brussels”, is the subject of a recent consultation launched by the Directorate General for Justice and Home Affairs. On 15 April a green paper was launched to initiate discussion on the cross-border recovery of maintenance obligations. Comments are wanted, especially from practitioners, on the legal and practical questions arising in matters of maintenance claims particularly in situations with a cross-border element. The paper assesses the issues of jurisdiction and applicable law, recognition and enforcement of judgments and co-operation between central authorities in different member states. It is hoped that the answers to the consultation will shed light on the current problems and provide solutions. The deadline for responses is 30 September 2004.

Promoting fair trials

The proposal for a Framework Decision on certain procedural rights in criminal proceedings throughout the European Union was published on 28 April. What with the European arrest warrant and the draft European evidence warrant, this defence-orientated initiative from the European Commission is most welcome. Dealing amongst other things with minimum standards in relation to access to legal advice for suspects and defendants, and access to interpretation and translation for non-native defendants, this proposal goes a long way in setting out EU-wide fair trial rules. It is designed to encourage consistent compliance with the principles and protections of the ECHR. The innovative “letter of rights”, a short standard written statement of basic rights available in any official EU language, will allow suspects and defendants to be informed of their immediate rights.

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