Scottish Government
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Scotland's justice system

The Scottish Government is taking new steps to promote the interests of Scotland's justice system in the European Union.

The Scottish Government recognises the critical importance for Scotland of EU activity in the justice field. A Scottish Government official recently participated in the inaugural meeting of the EU's Justice Forum, which brings together legal practitioners, stakeholders and representatives of all Member States to provide a platform for the development of EU justice policies and practice in both civil and criminal law.

In addition, a Scottish Government lawyer will be based in the Government's Brussels office from September to enhance Scottish engagement on EU matters, especially in the Justice field.

The Scottish Government has also set a target of attending all meetings of the EU's Justice and Home Affairs Council. It has therefore been represented at Ministerial level at all of the formal Council meetings so far this year, and the Justice Secretary Kenny MacAskill plans to attend the next such meeting in Brussels on July 24 and 25.

Mr MacAskill said:

"The Scottish Government has international ambitions for Scotland - and Europe is right at the very heart of this ambition.

"Scots law is distinct. It is essential therefore that its voice and interests are recognised. As well as speaking up for Scotland, our enhanced representation in Brussels will ensure that we have our eyes and ears on the ground at the heart of the European Union.

"We recently launched the Action Plan on European Engagement, which sets out our role and objectives in Europe. The Action Plan will build on the good work that already exists and continue to encourage direct engagement with countries across Europe.

"It is important that we have a say in the issues that matter to our citizens. Through actions such as the appointment of a dedicated lawyer in Brussels and our involvement with the EU's Justice Forum, we will ensure that the interests of our citizens and of our unique system of law are always represented by a strong voice."

The European Commission has established the EU Justice Forum to provide a permanent mechanism for consulting stakeholders, receiving feedback and reviewing EU justice policies and practice transparently and objectively. The emphasis on is direct engagement with stakeholders and practitioners. The Forum met for the first time on May 30.

A wide-range of EU stakeholder organisations were represented, including the Council of Bars and Law Societies of Europe (whose immediate past President was a Scottish advocate) and the European Association of Judges. It is through these EU umbrella organisations that the Law Society of Scotland, the Faculty of Advocates and the Scottish judiciary are represented on the Forum.

The EU Justice and Home Affairs Council of Ministers meets about once every two months to discuss the development and implementation of cooperation and common policies in this sector, including agreement on a wide range of legislative and administrative measures in these areas. The Scottish Government has been represented, as part of the UK Government delegation, by either the Lord Advocate or the Solicitor General at the last 5 formal meetings of the Council, starting with that in November 2007.

Scotland also engages directly with the EU on a wide range of other justice issues, especially in the field of practical co-operation. For instance, a Scottish procurator fiscal is one of the UK assistant members of Eurojust (the EU body which assists prosecution authorities in cross border cases); and a Scottish police officer is a member of the UK Liaison Bureau for Europol (the European Law Enforcement Organisation, which aims at improving the effectiveness and co-operation of authorities in Member States in preventing and combating terrorism, unlawful drug trafficking and other serious forms of international organised crime).

The Scottish Government published for consultation its draft Action Plan on European Engagement on May 7 in pursuance of its manifesto commitment to strengthen Scotland's voice in Europe. The draft Plan, which is expected to be finalised by the end of 2008, identified EU Justice and Home Affairs as one of the Scottish Government's "Long-term EU Political Objectives".

Related Information

http://www.scotland.gov.uk/Publications/2008/04/23142943/0

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