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Posted on 18-07-2016

Legal aid: Impact assessment of substantial amendments

18-07-2016

This study was requested by the European Parliament's Committee for Civil Liberties, Justice and Home Affairs (LIBE) as part of the Parliament's general commitment to improving the quality of EU legislation, and in particular its undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate seven substantial amendments to the Commission’s proposal for ...

This study was requested by the European Parliament's Committee for Civil Liberties, Justice and Home Affairs (LIBE) as part of the Parliament's general commitment to improving the quality of EU legislation, and in particular its undertaking to carry out impact assessments of its own substantial amendments when it considers it appropriate and necessary for the legislative process. The aim of this ex-ante impact assessment is to evaluate seven substantial amendments to the Commission’s proposal for a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European Arrest Warrant proceedings, adopted by the LIBE Committee in its report of May 2015. The study concludes that the adoption of these amendments would have a generally positive impact on the fundamental rights of suspects and accused persons. The right to legal aid, and thus, equal access to justice, would be further enhanced. In particular, the ‘practical’ enjoyment of the right of access to a lawyer (Directive 2013/48/EU) by indigent people would be ensured. Overall, the justice systems of the Member States investigated in this study would benefit from the adoption of the legal aid guarantees provided by the amendments. Evidence shows that a well-functioning legal aid system can streamline the proceedings, reduce the length of time suspects are held in police stations/detention centres, and limit the number of wrongful convictions, prison overcrowding and congestion in courts. The amendments would, however, imply certain additional cost burdens for Member States’ administrations.

Posted on 15-07-2016

Review Clauses in EU Legislation: A Rolling Check-List (fourth edition)

15-07-2016

This check-list presents a comprehensive overview of ‘review clauses’, that is to say, review, evaluation and reporting provisions contained in recent EU legislative acts and programmes. It is produced by the Policy Cycle Unit of the European Parliamentary Research Service (EPRS), the EP's in-house research service and think tank, with a view to supporting parliamentary committees in monitoring the evaluation of EU law, policies and programmes, thus feeding the ex-post analysis into the ex-ante phase ...

This check-list presents a comprehensive overview of ‘review clauses’, that is to say, review, evaluation and reporting provisions contained in recent EU legislative acts and programmes. It is produced by the Policy Cycle Unit of the European Parliamentary Research Service (EPRS), the EP's in-house research service and think tank, with a view to supporting parliamentary committees in monitoring the evaluation of EU law, policies and programmes, thus feeding the ex-post analysis into the ex-ante phase of the policy cycle. The European Parliament is strongly committed to the concept of better law-making, and particularly to the effective use of ex-ante impact assessment and ex-post evaluation throughout the whole legislative cycle. It is in this spirit that Parliament shows a particular interest in following the transposition, implementation and enforcement of EU law and EU  programmes and, more generally, monitoring the impact, operation, effectiveness and delivery of policy and programmes in practice.

Posted on 14-07-2016

The quest for natural gas pipelines: EU and Eastern Partner energy policies: Security versus transit benefits

14-07-2016

The European Union has been increasing efforts to maintain gas supply security especially vis-à-vis its main gas supplier, Russia. In that context, Eastern Partnership (EaP) countries, serving either as gas suppliers (Azerbaijan) or transit/corridor countries (all the others except Armenia), have an undeniable role for the EU. Security of gas supply depends on close EU cooperation with its EaP partners and interconnections between them. There have been some welcome developments, such as the Southern ...

The European Union has been increasing efforts to maintain gas supply security especially vis-à-vis its main gas supplier, Russia. In that context, Eastern Partnership (EaP) countries, serving either as gas suppliers (Azerbaijan) or transit/corridor countries (all the others except Armenia), have an undeniable role for the EU. Security of gas supply depends on close EU cooperation with its EaP partners and interconnections between them. There have been some welcome developments, such as the Southern Gas Corridor that transports Caspian gas to the EU, which reflects the importance of the EaP partners and also contributes to EU energy security and the ambitious Energy Union project. On the other hand, a project aimed at doubling the capacity of the Nord Stream gas pipeline directly connecting Germany and Russia under the Baltic Sea has raised some criticism.

Research for REGI Committee - Review of Adopted European Territorial Cooperation Programmes

14-07-2016

This study provides a comprehensive synthetic analysis of the European Territorial Cooperation programmes adopted for the programming period 2014–2020. The study offers insights on the strategic choices made by Member States and programme authorities for programme content and management, synergies with other EU, national and regional level instruments, implementing tools and simplification measures foreseen by the regulations.

This study provides a comprehensive synthetic analysis of the European Territorial Cooperation programmes adopted for the programming period 2014–2020. The study offers insights on the strategic choices made by Member States and programme authorities for programme content and management, synergies with other EU, national and regional level instruments, implementing tools and simplification measures foreseen by the regulations.

External author

François Levarlet, Arta Preku, Elodie Lorgeoux, Nicola Brignani and Timothy J. B. Wills (t33) ; Sabine Zillmer and Frank Holstein (Spatial Foresight) ; Thomas Stumm (Eureconsult)

Posted on 13-07-2016

Harmonising Insolvency Laws in the Euro Area: Rationale, Stock-Taking and Challenges. What role for the Eurogroup?

13-07-2016

There are four distinct areas where harmonising national insolvency frameworks can improve the functioning of the single market and the stability of the Euro area. Early restructuring of businesses, bank resolution, cross-border insolvency and NPL management rely on common features of local insolvency frameworks, which can affect their legal certainty and functioning. To promote a more entrepreneurial spirit, a pan-European framework for early restructuring of business could offer a true second chance ...

There are four distinct areas where harmonising national insolvency frameworks can improve the functioning of the single market and the stability of the Euro area. Early restructuring of businesses, bank resolution, cross-border insolvency and NPL management rely on common features of local insolvency frameworks, which can affect their legal certainty and functioning. To promote a more entrepreneurial spirit, a pan-European framework for early restructuring of business could offer a true second chance for entrepreneurs. To benefit from a capital markets union, insolvency frameworks would also need to remove sources of cost unpredictability in cross-border insolvency procedures, which are often hidden in national insolvency laws or not sufficiently dealt with in the current EU framework. This report makes a contribution to define areas for further action. Measures, moreover, to harmonise insolvency laws can produce positive impacts on the banking union, with the harmonisation of hierarchies of claims in particular for the functioning of the resolution mechanism. Finally, the diffusion of best practices on credit recovery procedures can help to improve the management of NPLs via fostering liquidity in secondary markets.

External author

Diego Valiante

Posted on 07-07-2016

Limitation periods for road traffic accidents

07-07-2016

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation ...

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation periods, not only in terms of length of time but also with regard to the beginning of a limitation period, the procedural requirements for stopping the running of a limitation period, and application to minors and disabled people. The EAVA demonstrates that differing rules in the application of limitation periods can generate costs such as additional lawyer's fees and fees for expert evidence on foreign rules. Finally, the EAVA outlines two rules for harmonising limitation periods within the EU in the form of minimum standards that could generate European added value by simplifying the existing legal framework and offering greater legal certainty for victims of cross-border road traffic accidents.

Research for CULT Committee - Europe for Citizens: New Programme Implementation – First Experiences

07-07-2016

The present study is intended to research first experiences with the implementation of the Europe for Citizens (EfC) programme 2014–2020. The study provides an overview of the current implementation of the programme and aims to contribute to an understanding of what works well in the present iteration of the EfC programme and what are the main areas of concern for applicants and beneficiaries. The analysis is based on 24 interviews with the National Contact Points of the Programme, located in the ...

The present study is intended to research first experiences with the implementation of the Europe for Citizens (EfC) programme 2014–2020. The study provides an overview of the current implementation of the programme and aims to contribute to an understanding of what works well in the present iteration of the EfC programme and what are the main areas of concern for applicants and beneficiaries. The analysis is based on 24 interviews with the National Contact Points of the Programme, located in the Member States.

External author

Irina JEFFERIES and Bradford ROHMER

Research for CULT Committee - Erasmus+: Decentralised Implementation - First Experiences

07-07-2016

Erasmus+ is the Union programme in the field of education, training, youth and sport for the financial period from 2014 to 2020. This study looks into the implementation of the decentralised actions of the Erasmus+ programme by National Agencies, two and a half years into the programme period. Its aim is to map the opportunities and challenges encountered in the implementation of these actions and to formulate recommendations for improvement.

Erasmus+ is the Union programme in the field of education, training, youth and sport for the financial period from 2014 to 2020. This study looks into the implementation of the decentralised actions of the Erasmus+ programme by National Agencies, two and a half years into the programme period. Its aim is to map the opportunities and challenges encountered in the implementation of these actions and to formulate recommendations for improvement.

External author

Irina Ferencz, Marija Mitic and Bernd Wächter (ACA)

Research for AGRI Committee - The Interactions between the EU's External Action and the Common Agricultural Policy

07-07-2016

The CAP has been strongly influenced by the EU’s External Actions. The various Enlargements, and trade policies to favour its neighbours to both the East and South, and for its former colonies, have left their mark. However it is external pressures through the GATT/WTO that have had the most defining effect. Current pressures stem from a new generation of Free Trade agreements, the need to reduce agriculture’s greenhouse gas emissions, and to respond to Brexit.

The CAP has been strongly influenced by the EU’s External Actions. The various Enlargements, and trade policies to favour its neighbours to both the East and South, and for its former colonies, have left their mark. However it is external pressures through the GATT/WTO that have had the most defining effect. Current pressures stem from a new generation of Free Trade agreements, the need to reduce agriculture’s greenhouse gas emissions, and to respond to Brexit.

External author

Alan SWINBANK (School of Agriculture, Policy and Development, University of Reading, the UK)

Posted on 06-07-2016

The Erasmus+ Programme (Regulation EU No. 1288/2013): European Implementation Assessment

06-07-2016

This European Implementation Assessment has been provided to accompany the work of the European Parliament’s Committee on Culture and Education in scrutinising the implementation of the Erasmus+ programme. The Erasmus+ programme for Union action in the field of education, training, youth and sport was launched on 1 January 2014 and will run until 31 December 2020. It brings together seven successful programmes which operated separately between 2007 and 2013 (the Lifelong Learning Programme, five ...

This European Implementation Assessment has been provided to accompany the work of the European Parliament’s Committee on Culture and Education in scrutinising the implementation of the Erasmus+ programme. The Erasmus+ programme for Union action in the field of education, training, youth and sport was launched on 1 January 2014 and will run until 31 December 2020. It brings together seven successful programmes which operated separately between 2007 and 2013 (the Lifelong Learning Programme, five international cooperation programmes and the Youth in Action programme), and also adds the area of sports activities. The opening analysis of this Assessment, prepared in-house by the Ex-Post Impact Assessment Unit within EPRS, situates the programme within the context of educationpolicy, explains its legal framework and provides key information on its implementation. The presentation is followed by opinions and recommendations of selected stakeholders. A separate chapter is dedicated to the sport, which is the new element of the Erasmus+ programme. Input to the EIA was also received from two independent groups of experts representing the Technical University of Dresden and the University of Bergen, and the Turku University of Applied Sciences.- The first research paper presents implementation of Key Action 1 (KA1) – Learning mobility of individuals in the field of education, training and youth.- The second research paper presents implementation of Key Action 2 (KA2)– Cooperation for innovation and the exchange of good practices in the field of education, training and youth. The two research papers, containing key findings and recommendations, are includedin full as annexes to the in-house opening analysis.

External author

- Research paper analysing the implementation of the Erasmus+ programme – Learning mobility of individuals in the field of education, training and youth (Key Action 1), written by Prof. Dr. Thomas Köhler from the Technical University of Dresden and Prof. Dr. Daniel Apollon from the University of Bergen - Research paper analysing the implementation of the Erasmus+ programme – Cooperation for innovation and the exchange of good practices in the field of education, training and youth (Key Action 2), written by Dr. Juha Kettunen from the Turku University of Applied Sciences

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