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The European Parliament is being consulted on a Commission proposal for a regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood. The regulation would harmonise the rules of jurisdiction and applicable law on parenthood adopted by the individual Member States and facilitate the recognition of parenthood. Within Parliament, the lead committee for the file is Committee on Legal Affairs (JURI). The Committees on Civil Liberties ...

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee. It analyses the consequences of the judgment of the Polish Constitutional Tribunal for the legal relationship between Poland and the EU, compares it to the case law of other Member States’ highest courts and makes policy recommendations on how to deal with the judgment.

This study, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs of the European Parliament, explains the principle of the primacy of European Union law and its practical consequences, as established by the Treaty system and developed by Court of Justice case-law since 1964. It explains how Member State courts accept, interpret and apply the principle, subject to any limits.

The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

Mutual recognition of goods

Briefing 25-04-2019

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product ...

The free movement of goods is one of the four fundamental freedoms of the EU – together with services, capital and people – and a cornerstone of the single market. The rationale of an open market throughout the EU has always been to assist economic growth and competitiveness and therefore promote employment and prosperity. Legislation on the single market for goods (based mainly on Article 28 of the Treaty on the Functioning of the European Union, TFEU) aims at ensuring that products placed on the ...

Directive 2011/99/EU on the European Protection Order establishes a mechanism for the mutual recognition of protection measures for victims of crime. This study examines the implementation of the Directive and analyses the practices of the Member States in this area. It identifies specific challenges and deficiencies that help to explain why this EU instrument is very rarely used. The assessment has been produced to support the implementation report being prepared on the subject by the European Parliament's ...

The founding fathers drafting the US Constitution designed the government so that each branch had a check on the others, in order that no single branch would have absolute power. The Supreme Court's main method of controlling the power of the legislative branch is judicial review. Under this principle, it has the power to examine laws and declare them unconstitutional. While the US Constitution holds that democracy is the appropriate process for change, the Court has now ruled, in Obergefell v. Hodges ...

Bosnia and Herzegovina (BiH) was identified as a potential candidate for EU membership in 2003. In order to join the EU, BiH has to meet the EU's human-rights criteria, among others. To this end, the execution of the Sejdić-Finci judgment of the European Court of Human Rights is a key prerequisite as it promotes equal political rights for all BiH citizens. Its implementation would not mean automatic accession to the EU, but would be a significant step in that direction. Since the judgment's delivery ...

In response to the financial crisis in the EU, a permanent crisis mechanism – the European Stability Mechanism (ESM) – was adopted by the euro area Member States. A number of cases, lodged with the German Federal Constitutional Court (BVerfG), aimed at blocking Germany's participation. The BVerfG has established four requirements for German participation in rescue packages and fiscal stability mechanisms: observance of the Bundestag's budgetary autonomy, prior consent of the Bundestag to participation ...