ThinkTank logo The documents that help shape new EU legislation
Posted on 30-06-2016

Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation

30-06-2016

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as ...

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.

External author

Justin Borg-Barthet (University of Aberdeen, the United Kingdom)

Posting of Workers Directive – Current Situation and Challenges

30-06-2016

This study, commissioned by the European Parliament’s Policy Department for Economic and Scientific Policy at the request of the Committee on Employment and Social Affairs, provides an overview of the Posting of Workers Directive, focussing on the current situation and major patterns regarding the posting of workers in the EU, major problems and challenges, and how these patterns have translated political, as well as jurisdictive, debates and proposals to improve the regulation of this specific form ...

This study, commissioned by the European Parliament’s Policy Department for Economic and Scientific Policy at the request of the Committee on Employment and Social Affairs, provides an overview of the Posting of Workers Directive, focussing on the current situation and major patterns regarding the posting of workers in the EU, major problems and challenges, and how these patterns have translated political, as well as jurisdictive, debates and proposals to improve the regulation of this specific form of employment and service provision. With the Commission’s view on the proposal published on 8 March 2016, to revise the Directive, the study aims to provide the EMPL Committee with an assessment of the proposal in light of both the key challenges addressed and the previous resolutions and requests made by the European Parliament.

External author

Eckhard Voss (Wilke Maack GmbH, Hamburg, Getmany), Michele Faioli (Tor Vergata University, Rome, Italy) and Jean-Philippe Lhernould (University of Poitiers, France)

Posted on 29-06-2016

Fiscal Compact Treaty: Scorecard for 2015

29-06-2016

The European Council Oversight Unit within the European Parliamentary Research Service (EPRS) has undertaken a detailed analysis that seeks to assess how far participating EU Member States have met their commitments within the framework of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). This intergovernmental treaty was agreed and signed by 25 Heads of State or Government in early 2012 and entered into force on 1 January 2013.  As part of a reformed ...

The European Council Oversight Unit within the European Parliamentary Research Service (EPRS) has undertaken a detailed analysis that seeks to assess how far participating EU Member States have met their commitments within the framework of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). This intergovernmental treaty was agreed and signed by 25 Heads of State or Government in early 2012 and entered into force on 1 January 2013.  As part of a reformed economic governance framework, the TSCG has sought to introduce more effective and stricter fiscal rules, including further automaticity of sanctions and the transposition of a balanced budget rule into national legislation (under the 'Fiscal Compact'). It has also aimed to enhance economic policy coordination and convergence and improve the governance of the euro area. This study reviews the main elements of the Treaty and seeks to evaluate how far the Contracting Parties have met their commitments. It shows that, three years after its entry into force, against the backdrop of a modest economic recovery across the euro area and the EU, the implementation of the TSCG has delivered mixed results. Most notably, efforts to comply with the terms of the Fiscal Compact – including the set of rules aiming to strengthen budgetary discipline – varied from one country to another. Admittedly, the increasing complexity of the EU fiscal framework, following a series of reforms that took place after the onset of the sovereign debt crisis, did not help foster compliance and monitoring. In addition, the Contracting Parties made some progress on enhancing economic policy coordination and convergence; however, there is still room for improvement. Lastly, the analysis reveals that compliance with the TSCG provisions on the governance of the euro area has not been complete.

Internal Borders in the Schengen Area: Is Schengen Crisis-Proof?

15-06-2016

This study, commissioned by the European Parliament’s Policy Department for Citizen’s Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the Schengen area in the wake of the European ‘refugee crisis’ and other recent developments. With several Member States reintroducing temporary internal border controls over recent months, the study assesses compliance with the Schengen governance framework in this context. Despite suggestions that the end of Schengen is nigh or arguments ...

This study, commissioned by the European Parliament’s Policy Department for Citizen’s Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the Schengen area in the wake of the European ‘refugee crisis’ and other recent developments. With several Member States reintroducing temporary internal border controls over recent months, the study assesses compliance with the Schengen governance framework in this context. Despite suggestions that the end of Schengen is nigh or arguments that there is a need to get ‘back to Schengen’, the research demonstrates that Schengen is alive and well and that border controls have, at least formally, complied with the legal framework. Nonetheless, better monitoring and democratic accountability are necessary.

External author

Elspeth Guild (CEPS ; Radboud University Nijmegen, the Netherlands and Queen Mary University of London, the UK), Sergio Carrera (CEPS ; Maastricht University Queen Mary University of London, the UK), Lina Vosyliūtė (CEPS), Kees Groenendijk (Radboud University Nijmegen, the Netherlands), Evelien Brouwer (Vrije Universiteit Amsterdam, the Netherlands), Didier Bigo (Centre d'études sur les conflits, liberté et sécurité - CCLS ; King’s College London, the UK), Julien Jeandesboz (Université Libre de Bruxelles - ULB ; CCLS) and Médéric Martin-Mazé (King’s College ; CCLS)

Country Specific Recommendations for 2016 - A Comparison of Commission and Council Recommendations (Tthe ‘Comply or Explain’ Principle)

29-06-2016

The table in this document prepared by the Economic Governance Support Unit compares the draft 2016 Country Specific Recommendations (CSRs) proposed by the Commission on 18 May 2016 with the 2016 CSRs approved by the Council (ECOFIN) on 17 June 2016. These CSRs were generally endorsed by the European Council on 28-29 June 2016 and are to be formally adopted on 12 July 2016 by the Council (ECOFIN).

The table in this document prepared by the Economic Governance Support Unit compares the draft 2016 Country Specific Recommendations (CSRs) proposed by the Commission on 18 May 2016 with the 2016 CSRs approved by the Council (ECOFIN) on 17 June 2016. These CSRs were generally endorsed by the European Council on 28-29 June 2016 and are to be formally adopted on 12 July 2016 by the Council (ECOFIN).

Tax Challenges in the Digital Economy

29-06-2016

This paper analyses direct and indirect tax challenges in the digital economy in light of the conclusions of the OECD’s BEPS (Base Erosion and Profit Shifting) Project. While assessing the recent reforms in the area of taxation within the EU and third countries, it revisits the question of whether or not specific measures are needed for the digital sector. Taking into account the recent scandals involving big digital companies and their aggressive tax planning practices in the EU, the specificities ...

This paper analyses direct and indirect tax challenges in the digital economy in light of the conclusions of the OECD’s BEPS (Base Erosion and Profit Shifting) Project. While assessing the recent reforms in the area of taxation within the EU and third countries, it revisits the question of whether or not specific measures are needed for the digital sector. Taking into account the recent scandals involving big digital companies and their aggressive tax planning practices in the EU, the specificities of the digital sector and the legal landscape in the 28 Member States, the paper makes policy recommendations for further tax reforms in order to tackle tax avoidance and harmful competition.

External author

Eli Hadzhieva

Posted on 28-06-2016

Ethical Aspects of Cyber-Physical Systems

28-06-2016

Cyber-physical systems (CPS) are intelligent robotics systems, linked with the Internet of Things, or technical systems of networked computers, robots and artificial intelligence that interact with the physical world.The project 'Ethical aspects of CPS' aims to provide insights into the potential ethical concerns and related unintended impacts of the possible evolution of CPS technology by 2050. The overarching purpose is to support the European Parliament, the parliamentary bodies, and the individual ...

Cyber-physical systems (CPS) are intelligent robotics systems, linked with the Internet of Things, or technical systems of networked computers, robots and artificial intelligence that interact with the physical world.The project 'Ethical aspects of CPS' aims to provide insights into the potential ethical concerns and related unintended impacts of the possible evolution of CPS technology by 2050. The overarching purpose is to support the European Parliament, the parliamentary bodies, and the individual Members in their anticipation of possible future concerns regarding developments in CPS, robotics and artificial intelligence.The Scientific Foresight study was conducted in three phases:1. A 'technical horizon scan', in the form of briefing papers describing the technical trends and their possible societal, ethical, economic, environmental, political/legal and demographic impacts, and this in seven application domains. 2. The 'soft impact and scenario phase', which analysed soft impacts of CPS, on the basis of the technical horizon scan, for pointing out possible future public concerns via an envisioning exercise and using exploratory scenarios.3. The 'legal backcasting' phase, which resulted in a briefing for the European Parliament identifying the legal instruments that may need to be modified or reviewed, including — where appropriate — areas identified for anticipatory parliamentary work, in accordance with the conclusions reached within the project.The outcome of the study is a policy briefing for MEPs describing legal instruments to anticipate impacts of future developments in the area of cyber-physical systems, such as intelligent robotics systems, linked with the Internet of Things. It is important to note that not all impacts of CPS are easily translated into legislation, as it is often contested whether they are in effect harmful, who is to be held accountable, and to what extent these impacts constitute a public rather than a private concern.

How to End Energy Poverty? Scrutiny of Current EU and Member States Instruments

26-10-2015

Policymaking to alleviate energy poverty needs to find a balance between short-term remedies and the resolution of long-term drivers of energy poverty. EU policy might need to work towards a) finding a definition of energy poverty; b) supporting national policies financially through EU coordination; and c) setting minimum standards for energy efficiency of buildings and devices. This document was provided by Policy Department A at the request of the Committee on Industry, Research and Energy (ITRE ...

Policymaking to alleviate energy poverty needs to find a balance between short-term remedies and the resolution of long-term drivers of energy poverty. EU policy might need to work towards a) finding a definition of energy poverty; b) supporting national policies financially through EU coordination; and c) setting minimum standards for energy efficiency of buildings and devices. This document was provided by Policy Department A at the request of the Committee on Industry, Research and Energy (ITRE).

External author

Schumacher, Katja (Öko-Institut e.V.), Cludius, Johanna (Öko-Institut e.V.), Förster, Hannah (Öko-Institut e.V.), Greiner, Benjamin (Öko-Institut e.V.), Hünecke, Katja (Öko-Institut e.V.), Kenkmann, Tanja (Öko-Institut e.V.) and van Nuffel, Luc (Trinomics)

The Reform of the Dublin III Regulation

28-06-2016

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 examines the performance of Dublin and of relocation schemes, and assesses the Commission’s “Dublin IV” Proposal in this light. It argues that by retaining the Dublin philosophy and betting on more coercion, Dublin IV is unlikely to achieve its objectives while raising human rights concerns. It advocates re-centring EU responsibility allocation ...

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 examines the performance of Dublin and of relocation schemes, and assesses the Commission’s “Dublin IV” Proposal in this light. It argues that by retaining the Dublin philosophy and betting on more coercion, Dublin IV is unlikely to achieve its objectives while raising human rights concerns. It advocates re-centring EU responsibility allocation schemes on one key objective – quick access to asylum procedures. This requires taking protection seekers’ preferences seriously and de-bureaucratising the process. Such a reform would need to be accompanied by (a) stepping up the enforcement of refugee rights across the EU, (b) moving solidarity schemes from a logic of capacity-building to one of compensation, and (c) granting protected persons real mobility rights.

External author

Francesco Maiani (University of Lausanne, Switzerland)

Longer Lifetime for Products: Benefits for Consumers and Companies

28-06-2016

The report provides an evaluation of the potential impact of a longer lifetime for products in Europe on the economy, on society and on the environment. It provides case studies of existing businesses, the (non-)legal context for an initiative on longer product lifetimes, and a wide range of policy options to optimize benefits to society A minimal increase of 1% of value added by economic activities related to a longer lifetime for products would have an aggregated effect of 7.9 billion EUR per year ...

The report provides an evaluation of the potential impact of a longer lifetime for products in Europe on the economy, on society and on the environment. It provides case studies of existing businesses, the (non-)legal context for an initiative on longer product lifetimes, and a wide range of policy options to optimize benefits to society A minimal increase of 1% of value added by economic activities related to a longer lifetime for products would have an aggregated effect of 7.9 billion EUR per year across the European economy. This document was prepared by Policy Department A at the request of the Committee on Internal Market and Consumer Protection.

External author

Carlos Montalvo (TNO), David Peck (Delft University of Technology, the Netherlands) and Elmer Rietveld (TNO)

  • URL

Upcoming events

04-07-2016
Hearing of Mr Jos Dings, Executive Director, Federation for Transport and Environment
Hearing - EMIS
11-07-2016
"Mid-Term Revision of the Financial Regulation
Workshop - BUDG CONT
12-07-2016
Limitation periods for road traffic accidents: The state of play and the way forward
Hearing - JURI

Infographics

Stay connected

email update imageEmail updates system

You can follow anyone or anything linked to the Parliament using the email updates system, which sends updates directly to your mailbox. This includes the latest news about MEPs, committees, the news services or the Think Tank.

You can access the system from any page on the Parliament website. To sign up and receive notifications on Think Tank, simply submit your email address, select the subject you are interested in, indicate how often you want to be informed (daily, weekly or monthly) and confirm the registration by clicking on the link that will be emailed to you.

RSS imageRSS feeds

Follow all news and updates from the European Parliament website by making use of our RSS feed.

Please click on the link below to configure your RSS feed.

widget imageRSS widgets

Please click on the button below to add a widget covering publications available via the Think Tank to your website.

Create a RSS widget

Publications of the Think Tank

The content of all documents contained in the Think Tank website is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work.

The Think Tank is on...