Recent Austrian practice in the field of European Union law – Report for 2012

This second edition of our annual overview of topical issues of European Law that we are confronted with in our regular work at the European Law Department of the Legal Service of the Austrian Foreign Ministry (“Office of the Legal Adviser”, “Volkerrechtsburo”), focusses on a couple of subjects which have taken considerable time to mature. Some of them even have not been finally and formally decided yet and will still take considerable time to materialize. This holds true as much for the negotiations on an agreement providing for the accession of the European Union to the European Convention on Human Rights as for the revision of the Regulation governing access to documents held by the institutions of the European Union. This report will furthermore deal with the so-called Unified European Patent, concentrating on the related establishment of an international jurisdiction on the one hand and on the institute of Enhanced Co-operation on the other hand. Finally, the procedural rules applicable in situations when the Council of the EU adopts atypical acts, in particular “conclusions”, “resolutions” and “declarations”, will be discussed. We wish to particularly thank the head of our Legal Service Helmut Tichy und our colleague Sophie Pronay for their critical scrutiny of this report and helpful suggestions related as well to substance as to drafting. Sophie deserves particular additional thanks for ensuring a uniform formal appearance of this common endeavour.