European Union

The democratic opposition in Belarus has been awarded the 2020 Sakharov Prize for Freedom of Thought.
Committee on Foreign Affairs
Committee on Development
Subcommittee on Human Rights

Source : © European Union, 2020 - EP

Uneven surface ahead Lots of people have lots of problems with the Maastricht Treaty, and I’m not one to change that. Instead I’ll throw another issue onto the pile: its lopsidedness. If you’ve read the text – and really, you should have – you’ll notice that there’s a huge difference between the sections relating to the first pillar (the European Community) and those for the second and third pillars (Common Foreign & Security Policy and Justice & Home Affairs respectively). The former is full of rich detail, setting out in elaborate detail how things should work. The latter is very brief, with sketchy outlines of what might come. Indeed, it was so brief that there was a commitment to review all of that five years after signature (which became the Treaty of Amsterdam). How so? Well, Maastricht came out of a process that starting in the wake of the Single European Act, with the 1988 Delors Committee on Economic & Monetary Union producing recommendations on a single currency and its management. That resulted in a decision to hold a round of treaty revision. Soon after, we had the collapse of communist regimes in Central and Europe Europe, and there was a hurried bolting on of further treaty revisions to consider political integration. By the time of the end-game at Maastricht in December 1991, EMU had been through a long iterative process of refinement and filling-out to produce that first pillar text, while the political side had ‘only’ had about eighteen months to get to the self-confessed vagaries of CSFP and JHA. You’ll see where I’ve gone with this. The breaking ‘news’ (and I use the word advisedly, given how everyone seems very much less than shocked about it) that Future Relationship talks are resuming from today is connected to this history lesson because we’re currently short on words. Or, rather, we’re short on shared words. We know that until now there has been no joint text in the talks, only separate ones held by each party. And even the announcement yesterday of rolling talks does not fully bridge the gap, as Anton Spisak notes:

A couple of notable points from the agreed choreography for the final phase:

The two sides have now agreed to work on the basis of legal texts. This is the single most important development in mths. It's only by going through the texts line-by-line (1/n)https://t.co/tAv8ysitdu https://t.co/ymUvk616Xo

— Anton Spisak (@AntonSpisak) October 21, 2020 Words matter a lot here because they have legal force. And the more words you have, the more chance there is of some unintended error creeping in. Consider the Withdrawal Agreement, which you’d think had been pretty well pored over by all involved through 2018-20. That had to be revised this year to resolve some infelicities. The Future Relationship treaty – if we get to it – is going to be a very much more difficult proposition. Partly that’s because of time, which is achingly brief, but also because its scope is going to be that much wider than the WA: several hundred articles are likely, plus a long list of annexes that someone (probably the EU) will need to throw in too. Of course, if the aim of the exercise is to get to an in-force treaty by 1 January then legal drafters will have to work to that. But one likely consequence is going to be a pushing of much detail into subsequent rounds of negotiations within a framework established now. In that sense, we’ll be on the pillar 2/3 track: ideas more than actions, coupled to a standing need to negotiate with each other on the numerous loose ends. As Sydney Nash notes, we’ve got a whole lot more banging on about Europe, however this turns out:

Some future gazing regarding #Brexit. Two possible scenarios for consideration, and under both, Brexit just doesn’t go away.

— Sydney Nash (@NashSGC) October 21, 2020

The post It’s all just words appeared first on Ideas on Europe.

Parliament says negotiations on the EU-Belarus Partnership Priorities must be suspended until new, free and fair presidential elections can be organised.
Committee on Foreign Affairs

Source : © European Union, 2020 - EP

Source : © European Union, 2020 - EP

Source : © European Union, 2020 - EP

Source : © European Union, 2020 - EP

Could the proper interpretation of an EU Directive be prohibiting a national rule from granting a general authorization?

By its two questions, which can be examined together, the national court is asking whether Directive 78/687 must be interpreted as precluding a national rule that grants a general authorisation to doctors who have not received the training required by Article 1 of that directive to carry out the activities of a dental practitioner and whether the answer to that question depends on the title under which those activities are practised. (C-35/02, par.20)

The Court’s reply

It follows from all the foregoing that the answer to the question referred must be that Directive 78/687, properly construed, precludes a national rule containing a general authorisation for doctors who have not completed the training required by Article 1 of that directive to carry out the activities of a dental practitioner, irrespective of the title under which those activities are carried out. (C-35/02, par.38)

The proper interpretation; should be a grammatical one.

At the outset, it should be recalled that Article 1(1) of Directive 78/687 provides that to be entitled to practice dentistry under one of the titles referred to in Article 1 of Directive 78/686, a dental practitioner must hold a diploma, certificate or other evidence of formal qualifications referred to in Article 3 of Directive 78/686. (C-35/02, par.24)

Only derogations expressly provided for in the EC Treaty or in the relevant directives are allowed (see Case C-40/93 Commission v Italy, cited above, paragraph 23). In that regard, three types of derogation are provided for, namely, first, the derogation set out in Article 7 of Directive 78/686, second, the one referred to in Articles 19, 19a and 19b of that directive and, finally, the derogation mentioned in Article 1(4) of Directive 78/687 (see Case C-40/93 Commission v Italy, paragraph 21). (C-35/02, par.25)

Article 1(4) of the Directive 78/687 applies only to the recognition of diplomas, certificates or other evidence of formal qualifications obtained in a non-member State (see Case C-40/93 Commission v Italy, paragraph 22). Article 7 of Directive 78/686 is applicable only to nationals who hold diplomas, certificates or other qualifications issued by the Member States before Directive 78/687 came into effect, in other words before 28 January 1980. Articles 19, 19a and 19b of Directive 78/686 concern only the transitional provisions applicable to people who received or embarked on their dental training in Italy, Spain or Austria respectively, under a system prior to the one in place as a result of the entry into force of those directives in those Member States. (C-35/02, par.26)

Paragraph 1(1) of the ZHG, which grants a general authorisation, from 28 January 1980 onwards, for doctors to practice dentistry on a permanent basis without completing the dental training required by Article 1 of Directive 78/687 is therefore not covered by any of the derogations from that provision referred to in paragraph 25 of this order. (C-35/02, par.27)

Moreover, it should be recalled that it is not open to Member States to create a category of dental practitioners which does not correspond to any category provided for by Directives 78/686 and 78/687 (see Case C-40/93 Commission v Italy, cited above, paragraph 24, and the order of 5 November 2002 in Case C-204/01 Klett [2002] ECR I-10007, paragraph 33). (C-35/02, par.28)

Applying that interpretation of those directives, the Court has ruled that a person may not carry out the activities of a dental practitioner even where he holds a diploma in medicine and has followed a specialised course in dentistry of three years’ duration (see Case C-40/93 Commission v Italy, Case C-202/99 Commission v Italy, and Klett, all cited above). Persons who hold only a diploma in medicine are, a fortiori, precluded from carrying out such activities. (C-35/02, par.29)

It follows that a general authorisation for doctors to practice dentistry on a permanent basis without holding the diplomas, certificates or other qualifications referred to in Article 3 of Directive 78/686, as required by Article 1 of Directive 78/687, is contrary to Community law. (C-35/02, par.30)

In that regard, the title under which those doctors intend to practice dentistry is of no relevance. If German doctors who do not have the training required by Article 1 of Directive 78/687 were authorised to practice dentistry under a title other than ‘Zahnarzt’, that would create a category of dental practitioners which does not correspond to any category provided for by Directives 78/686 and 78/687. (C-35/02, par.31)

The proper interpretation; the teleological one.

However, Mr Vogel submits that neither Directive 93/16 nor Directives 78/686 and 78/687 contain any restriction on the scope of doctors’ activities. In his view, if the Court were to rule that under Directives 78/686 and 78/687 doctors may not practice dentistry, those directives would be incompatible with Directive 93/16, since under that latter directive, doctors are entitled to practice odontostomatology, a discipline in the field of dentistry. (C-35/02, par.32)

In that regard, it need only be noted that Directives 78/686 and 78/687 seek to establish a clear separation of the professions of dental practitioner and doctor (see Case C-202/99 Commission v Italy, cited above, paragraph 51). Those directives apply to dental practitioners whereas Directive 93/16 applies to doctors and specialist medical practitioners. Even though Article 27 of that directive authorises specialist medical practitioners to practice stomatology, they must have met the training requirements laid down in that directive, namely at least three years of specialist training. (C-35/02, par.33)

The issue about the indirect effect of EU secondary law.

Mr Vogel also submits that the provisions of Directives 78/686 and 78/687 cannot apply to the dispute in the main proceedings because the provisions of a directive do not have direct effect against individuals. (C-35/02, par.34)

In that regard, it should be remembered, first, that the Member States’ obligation under a directive to achieve the result envisaged by the directive, and their duty under Article 10 EC to take all appropriate measures, whether general or particular, to ensure fulfilment of that obligation, are binding on all the authorities of the Member States, including, for matters within their jurisdiction, the courts (see, inter alia, Case C-168/95 Arcaro [1996] ECR I-4705, paragraph 41, and Case C-62/00 Marks & Spencer [2002] ECR I-6325, paragraph 24). (C-35/02, par.35)

Is there an infringement of the principle of non-retroactivity, if the previous case-law is to be implemented? The demand for ruling in light of the European law.

Mr Vogel submits, inter alia, that Directives 78/686 and 78/687, and the Court’s previous judgments relating to those directives, concern the right to practice dentistry under the title of dentist and not, as is the case at issue here, the right to practice dentistry as a doctor. In any event, those judgments were delivered well after he had embarked on his medical studies, on the basis of which he was expecting to be able to practice dentistry by virtue of Paragraph 1(1) of the ZHG, with the result that were those judgments to apply to his situation they would infringe the principle of non-retroactivity. (C-35/02, par.23)

It follows that, in applying domestic law, regardless of whether the provisions concerned are prior or subsequent to the directive, the national court called upon to interpret that law is required to do so, as far as possible, in the light of the wording and purpose of the directive, in order to achieve the purpose of the directive and thereby comply with the third paragraph of Article 249 EC (Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8, and Marks & Spencer, cited above, paragraph 24). (C-35/02, par.36)

 

 

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European Council President Charles Michel presented the results of EU leaders' discussion on EU-UK relations.

On 15 October 2020, the European Council adopted conclusions on EU-UK relations.

Before the start of the first day of the European Council, President Charles Michel highlighted the main topics the EU leaders will discuss.

The Council decided to impose targeted restrictive measures on one person responsible for acts that threaten the peace, security or stability of Libya, including violations of the UN arms embargo.

The Council imposed restrictive measures against six individuals and one entity involved in the assassination attempt on Alexei Navalny.

EU leaders will meet in Brussels to discuss the epidemiological situation, relations with the United Kingdom, as well as climate change and relations with Africa.

Tripartite Social Summit held on 14 October 2020 via videoconference discussed the main theme on "Implementing together an inclusive economic and social recovery in Europe".

The EU adopts legislation to ensure the safe and efficient operation of the Channel Tunnel railway connection after the end of the Brexit transition period

European Council President Charles Michel invited the members of the European Council to their meeting on 15-16 October 2020

The Council appointed Nataliya Apostolova and Mihai-Florin Bulgariu as new Heads of Mission for EUPOL COPPS and EUBAM RAFAH respectively.

Press briefing on Agriculture and Fisheries Council of 19 and 20 October 2020 will take place on 15 October at 10.30

Weekly schedule of President Charles Michel 12-18 October 2020

The further digitalisation of the member states’ judicial systems has enormous potential to continue to facilitate and improve access to justice for citizens throughout the EU.