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Posted on 15-10-2018

Ensuring more transparent and predictable working conditions

15-10-2018

An employer's obligation to inform their employees on the conditions applicable to their contracts is regulated by Directive 91/533/EEC. Major shifts in the labour market due to demographic trends and digitalisation, spawning a growing number of non-standard employment relationships (such as part-time, temporary and on-demand work), have made it necessary to revise the directive. The European Commission has responded to the need for a change with a proposal aimed at updating and extending the information ...

An employer's obligation to inform their employees on the conditions applicable to their contracts is regulated by Directive 91/533/EEC. Major shifts in the labour market due to demographic trends and digitalisation, spawning a growing number of non-standard employment relationships (such as part-time, temporary and on-demand work), have made it necessary to revise the directive. The European Commission has responded to the need for a change with a proposal aimed at updating and extending the information on employment-related obligations and working conditions, and at creating new minimum standards for all employed workers, including those on atypical contracts. In the European Parliament, the Committee for Employment and Social Affairs (EMPL) has published a draft report focused on the scope of the directive, on employees' working hours and the conditions for making information available to them, and on employers' responsibilities.

Posted on 12-10-2018

Implementation and functioning of the '.eu' top level domain name

12-10-2018

The scope of the problem could have been defined in more precise terms. Furthermore, it remains unclear how the proposed options could help achieve one of the two general objectives of the initiative namely enabling or building an online European identity as the options (including the preferred one) are mostly concerned with the technical improvements of the regulatory framework. Stakeholder views do not appear to be fully reflected in the report and it is unclear how they fed into the IA. A more ...

The scope of the problem could have been defined in more precise terms. Furthermore, it remains unclear how the proposed options could help achieve one of the two general objectives of the initiative namely enabling or building an online European identity as the options (including the preferred one) are mostly concerned with the technical improvements of the regulatory framework. Stakeholder views do not appear to be fully reflected in the report and it is unclear how they fed into the IA. A more thorough integration of the recommendations of the Regulatory Scrutiny Board, which appear to be only partially addressed, would have benefited the quality if the IA.

Prospects for EU-Asia connectivity - The 'European way to connectivity'

12-10-2018

Asia matters to Europe: home to the world's largest population and fastest-growing economies, Asia is a major trade partner of the EU. Recognising this, the EU has promoted the Asia-Europe Meeting (ASEM), established strategic partnerships with four Asian countries, intensified cooperation with the Association of South-East Asia Nations (ASEAN), and negotiated or concluded free trade agreements with several Asian countries. As an implementation of its 2016 Global Strategy, the EU has carried out ...

Asia matters to Europe: home to the world's largest population and fastest-growing economies, Asia is a major trade partner of the EU. Recognising this, the EU has promoted the Asia-Europe Meeting (ASEM), established strategic partnerships with four Asian countries, intensified cooperation with the Association of South-East Asia Nations (ASEAN), and negotiated or concluded free trade agreements with several Asian countries. As an implementation of its 2016 Global Strategy, the EU has carried out a mapping exercise on Euro-Asian connectivity, followed by the adoption of a joint communication on 'Connecting Europe and Asia – Building blocks for an EU strategy' on 19 September 2018. The strategy proposes that the EU engage with its Asian partners through a sustainable, comprehensive and rules-based approach to connectivity, exploiting existing and planned EU networks. It acknowledges a significant investment gap in connectivity and recognises the need to mobilise and strengthen cooperation with private investors, national and international institutions, and multilateral development banks. The strategy is part of the EU's contribution to the ASEM12 Summit, which is to take place in Brussels on 18-19 October 2018. Presented by Vice President/High Representative, Federica Mogherini, as the 'European way to connectivity', the strategy was immediately perceived as the EU response to China's Belt and Road Initiative (BRI). This initiative is currently raising concerns in the EU and in several participating countries, some of which are worried about possible 'debt traps'.

The EU and Asia [What Think Tanks are thinking]

12-10-2018

The heads of state or government of 51 countries will gather in Brussels on 18 and 19 October for the 12th Europe-Asia summit (ASEM) to discuss closer relations and global challenges. The meeting will focus in particular on trade and investment, connectivity, sustainable development, and climate and security challenges. The EU attaches growing importance to relations with Asian countries as the region’s economic and political weight increases and as US trade policy is increasingly unpredictable. ...

The heads of state or government of 51 countries will gather in Brussels on 18 and 19 October for the 12th Europe-Asia summit (ASEM) to discuss closer relations and global challenges. The meeting will focus in particular on trade and investment, connectivity, sustainable development, and climate and security challenges. The EU attaches growing importance to relations with Asian countries as the region’s economic and political weight increases and as US trade policy is increasingly unpredictable. This note offers links to selected recent commentaries, studies and reports from major international think-tanks on EU-Asian relations, the situation in the region and some of its countries. The publication does not cover issues related to China, which were the topic of one of the previous editions in the series.

Interoperability between EU border and security information systems

12-10-2018

To strengthen EU external border management and enhance internal security, the European Commission has made several proposals to upgrade and expand European border and security information systems. As part of a broader process to maximise their use, the Commission presented legislative proposals for two regulations in December 2017 (amended in June 2018), establishing an interoperability framework between EU information systems on borders and visas, and on police and judicial cooperation, asylum ...

To strengthen EU external border management and enhance internal security, the European Commission has made several proposals to upgrade and expand European border and security information systems. As part of a broader process to maximise their use, the Commission presented legislative proposals for two regulations in December 2017 (amended in June 2018), establishing an interoperability framework between EU information systems on borders and visas, and on police and judicial cooperation, asylum and migration. The proposals seek effective and efficient information exchange and data sharing between EU information systems, by providing fast, seamless, efficient, systematic and controlled access to all the data authorities need to accomplish their tasks.

CO2 emission standards for heavy-duty vehicles

12-10-2018

In May 2018, the Commission proposed a regulation setting the first-ever CO2 emission performance standards for new heavy-duty vehicles in the EU, as part of the third mobility package. It would require the average CO2 emissions from new trucks in 2025 to be 15 % lower than in 2019. For 2030, the proposal sets an indicative reduction target of at least 30 % compared to 2019. Special incentives are provided for zero- and low-emission vehicles. The proposed regulation applies to four categories of ...

In May 2018, the Commission proposed a regulation setting the first-ever CO2 emission performance standards for new heavy-duty vehicles in the EU, as part of the third mobility package. It would require the average CO2 emissions from new trucks in 2025 to be 15 % lower than in 2019. For 2030, the proposal sets an indicative reduction target of at least 30 % compared to 2019. Special incentives are provided for zero- and low-emission vehicles. The proposed regulation applies to four categories of large trucks, which together account for 65 %-70 % of CO2 emissions from heavy-duty vehicles. The Commission proposes to review the legislation in 2022 in order to set a binding target for 2030, and to extend its application to smaller trucks, buses, coaches and trailers. Heavy-duty vehicles are responsible for around a quarter of CO2 emissions from road transport in the EU. Without further action, their emissions are expected to grow due to increasing road transport volumes. In the European Parliament, the proposal was referred to the Committee on Environment, Public Health and Food Safety, where the rapporteur presented his draft report in July 2018. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Posted on 11-10-2018

The role of the European Council in internal security policy

11-10-2018

Due to the various terrorist attacks across the EU in recent years, internal security and the fight against terrorism have become major concerns for EU citizens as well as for the EU Heads of State or Government. The European Council has a significant Treaty-based role to play in the area of justice and home affairs, including on policy issues such as the fight against terrorism and organised crime, police cooperation and cybersecurity, often subsumed under the concept ‘internal security’. In recent ...

Due to the various terrorist attacks across the EU in recent years, internal security and the fight against terrorism have become major concerns for EU citizens as well as for the EU Heads of State or Government. The European Council has a significant Treaty-based role to play in the area of justice and home affairs, including on policy issues such as the fight against terrorism and organised crime, police cooperation and cybersecurity, often subsumed under the concept ‘internal security’. In recent years it has carried out this strategic role on various occasions but sometimes in a more reactive way often in the aftermath of major terrorist attacks. The paper also shows that while the policy fields of internal security and migration were usually clearly separated in European Council discussions, the two areas are now increasingly linked, in particular by the subject of external EU border protection. The Salzburg summit of 20 September 2018 is an example for this and also illustrates a recent trend of EU Presidencies to bring together EU Heads of State or Government in their country to discuss policy topics at the top of their own agendas.

Social protection in the EU: State of play, challenges and options

11-10-2018

Globalisation, technological change, an aging population and changes to the world of work have made securing social protection for all, i.e. economic and social security, a major challenge. When social protection systems work well, they can have a stabilising effect on the economy and promote socio-economic equality and stability. By contrast, inadequate or ineffective systems can exacerbate inequality. Indeed, improving the existing social protection systems is the priority of half of the principles ...

Globalisation, technological change, an aging population and changes to the world of work have made securing social protection for all, i.e. economic and social security, a major challenge. When social protection systems work well, they can have a stabilising effect on the economy and promote socio-economic equality and stability. By contrast, inadequate or ineffective systems can exacerbate inequality. Indeed, improving the existing social protection systems is the priority of half of the principles of the European Pillar of Social Rights – the European Commission's overarching social field initiative designed to serve as a compass for policies updating current labour market and welfare systems. While implementation of the 'social pillar' remains primarily the responsibility of the Member States, in close cooperation with the social partners, the European Commission has put forward several legislative and non-legislative initiatives to support this process in the area of social protection. These include the proposal for a recommendation on social protection for all, including non-standard workers, responding to calls from the European Parliament and the social partners and stakeholders. This proposal had the difficult task of addressing all the disagreements that had arisen during the two-phase consultation in the preparatory phase. While all parties seem to agree on the importance of adjusting social protection to the new realities of life and work, there are differences of opinion concerning the technicalities, such as the financing of schemes. This is in part a reflection of the current evidence that raises many questions as to the optimal response to the new challenges in very diverse systems of social protection across the Member States. The main trends currently include a combination of social protection and social investment, individualisation of social protection schemes and a potential move towards universal social protection, whereby social protection would be removed from the employment relationship. However, financing these schemes poses a challenge.

Il diritto al rispetto della vita privata: le sfide digitali, una prospettiva di diritto comparato - Italia

11-10-2018

Lo studio fa parte di un progetto più ampio, il cui scopo è quello di analizzare, nella prospettiva del diritto comparato, le delicate questioni che riguardano il diritto alla vita privata. L’obiettivo dello studio è quello di esaminare la problematica nel contesto specificamente italiano, pur nella consapevolezza che questa materia è fortemente condizionata dalla normativa dell’Unione Europea. A tal fine, dopo un’introduzione di carattere storico su legislazione, dottrina e giurisprudenza, sono ...

Lo studio fa parte di un progetto più ampio, il cui scopo è quello di analizzare, nella prospettiva del diritto comparato, le delicate questioni che riguardano il diritto alla vita privata. L’obiettivo dello studio è quello di esaminare la problematica nel contesto specificamente italiano, pur nella consapevolezza che questa materia è fortemente condizionata dalla normativa dell’Unione Europea. A tal fine, dopo un’introduzione di carattere storico su legislazione, dottrina e giurisprudenza, sono prese in esame le principali questioni teoriche e pratiche poste dall’esigenza di protezione del diritto alla vita privata. Per meglio delimitare il campo, comunque, si è scelto di trattare quell’aspetto del diritto alla vita privata che viene comunemente qualificato come “diritto alla riservatezza”, che è quello che rileva maggiormente nei confronti delle “sfide” poste dalla digitalizzazione, sulle quali gli autori partecipanti all’iniziativa sono stati sollecitati a soffermarsi. Ampia attenzione è stata dedicata alla giurisprudenza. Nell’impossibilità di dare conto di tutto l’immenso materiale disponibile, si sono selezionati alcuni casi particolarmente significativi, tratti dalla giurisprudenza della Corte costituzionale e delle tre giurisdizioni superiori (Corte di cassazione, Consiglio di Stato, Corte dei conti). Sono stati identificati, infine, i principali nodi problematici che occorre tuttora sciogliere, specie a fronte di un progresso tecnologico sempre più accelerato e penetrante.

External author

Questo studio è stato scritto dal Prof. Dr. Massimo Luciani dell’Università di Roma – La Sapienza – (Italia), su richiesta della Unità Biblioteca di diritto comparato, Direzione generale dei Servizi di ricerca parlamentare (DG EPRS), Segretariato generale del Parlamento europeo.

El derecho al respeto de la vida privada: los retos digitales, una perspectiva de Derecho comparado - España

11-10-2018

El presente estudio forma parte de un proyecto más global que pretende poner las bases para poder comparar el régimen jurídico aplicable al derecho al respeto de la vida privada en diferentes ordenamientos jurídicos, así como poder comparar las diferentes soluciones que dichos ordenamientos han previsto para los desafíos que la “era digital” impone a tal derecho. En este documento se estudia, en lo referido a España y con respecto al tema que nos ocupa, la legislación en vigor, la jurisprudencia ...

El presente estudio forma parte de un proyecto más global que pretende poner las bases para poder comparar el régimen jurídico aplicable al derecho al respeto de la vida privada en diferentes ordenamientos jurídicos, así como poder comparar las diferentes soluciones que dichos ordenamientos han previsto para los desafíos que la “era digital” impone a tal derecho. En este documento se estudia, en lo referido a España y con respecto al tema que nos ocupa, la legislación en vigor, la jurisprudencia más relevante y la naturaleza del derecho al respeto de la vida privada, acabando con unas conclusiones sobre los desafíos mencionados. El estudio comienza con una introducción sobre el derecho a la intimidad personal y familiar (art. 18.1 CE) y su equivalencia sustancial con el derecho al respeto a la vida privada personal y familiar que contempla el art. 8.1 CEDH. Continúa con un análisis sobre su actual situación normativa y jurisprudencial; sigue con una exposición sobre el concepto, naturaleza y dimensión jurídica de este derecho; y culmina con las conclusiones alcanzadas.

External author

El autor de este documento es el Prof. Dr. Pedro González-Trevijano Sánchez, Magistrado del Tribunal Constitucional de España, por encargo de la Unidad Biblioteca de Derecho Comparado, Dirección General de Servicios de Estudios Parlamentarios (DG EPRS) de la Secretaría General del Parlamento Europeo.

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