2230

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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.

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.

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)

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

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 experienc