185

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Author
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Date

Legal Implications of Brexit: Customs Union, Internal Market Acquis for Goods and Services, Consumer Protection Law, Public Procurement

09-08-2017

This in-depth analysis addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main cross-cutting challenges that have to be addressed irrespective of the policy choices that will be made in due course. The analysis takes the fully-fledged EU membership as a point of departure and compares this baseline scenario to a membership of the UK in ...

This in-depth analysis addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main cross-cutting challenges that have to be addressed irrespective of the policy choices that will be made in due course. The analysis takes the fully-fledged EU membership as a point of departure and compares this baseline scenario to a membership of the UK in the European Economic Area (EEA), the application of tailor-made arrangements, as well as the fall-back scenario, in which the mutual relationship is governed by WTO law. Following an analysis of the EU legal framework defining the withdrawal of a Member State from the EU the study develops an analytical framework that allows for the identification of the legal impact of different Brexit scenarios on policy fields falling within the ambit of the IMCO Committee. In this context, the general impact of the EEA model, the tailor-made model and the WTO model on key pieces of the currently existing acquis communautaire in these policy areas are highlighted.

External author

Fabian AMTENBRINK, Menelaos MARKAKIS and René REPASI Erasmus School of Law, Erasmus University Rotterdam / European Research Centre for Economic and Financial Governance (EURO-CEFG) Erasmus University Rotterdam

EU-Mapping 2017: Systematic overview on economic and financial legislation

14-07-2017

This study provides a graphic overview on core legislation in the area of economic and financial services. The presentation essentially covers the areas within the responsibility of the Economic and Monetary Affairs Committee (ECON); hence it starts with core ECON areas but also displays neighbouring areas of other Committees' competences which are closely connected to and impacting on ECON's work. It shows legislation in force, proposals and other relevant provisions on banking, securities markets ...

This study provides a graphic overview on core legislation in the area of economic and financial services. The presentation essentially covers the areas within the responsibility of the Economic and Monetary Affairs Committee (ECON); hence it starts with core ECON areas but also displays neighbouring areas of other Committees' competences which are closely connected to and impacting on ECON's work. It shows legislation in force, proposals and other relevant provisions on banking, securities markets and investment firms, market infrastructure, insurance and occupational pensions, payment services, consumer protection in financial services, the European System of Financial Supervision, European Monetary Union, euro bills and coins and statistics, competition, taxation, commerce and company law, accounting and auditing. Moreover, it notes selected provisions that might become relevant in the upcoming Article 50 TEU negotiations. This document was provided by Policy Department A on request of the ECON Committee.

External author

Prof Katja LANGENBUCHER, Research Center SAFE and Goethe University Frankfurt Prof Tobias TRÖGER, Research Center SAFE and Goethe University Frankfurt Lara MILIONE, Research Center SAFE and Goethe University Frankfurt Andreas ROTH, Research Center SAFE and Goethe University Frankfurt

Liability in Subcontracting Chains: National Rules and the Need for a European Framework

10-07-2017

This study was commissioned upon request by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, upon request of the Committee on Legal Affairs. It provides a comprehensive update on recent developments on a European and national level concerning liability in subcontracting chains and the protection of workers involved in subcontracting chains. A strong focus lies on the existing European legal framework and recent developments in that regard. By assessing ...

This study was commissioned upon request by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, upon request of the Committee on Legal Affairs. It provides a comprehensive update on recent developments on a European and national level concerning liability in subcontracting chains and the protection of workers involved in subcontracting chains. A strong focus lies on the existing European legal framework and recent developments in that regard. By assessing the country reports and the findings on a European level, the study closes with “Policy Recommendations” and answers the question from its authors view, if the European Legislator should adopt (further) legislation.

External author

Alexander Heinen; Dr. Axel Müller; Bernd Kessler

Openness of public procurement markets in key third countries

04-07-2017

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making ...

This report assesses the openness of public procurement markets in key third countries of interest to the EU. It provides a comparative overview of the regulatory and market access characteristics of the US, Brazil, India, China, Japans’ procurement markets, with reference to the procurement regulation and enforcement within the EU. The report assesses the available data on both the de jure and de facto levels of openness of these markets to put forward some conclusions of value to policy making both within the EU and in its trading relations with key third countries. This assessment concludes that the lack of comprehensive comparable data on procurement contract awards, particularly at the sub-central level, is not a trivial challenge for policy makers. Nevertheless, it is evident that the liberalisation of procurement markets continues to take place on a strictly reciprocal basis – linked to the offensive interests of governments. Given the slow-down in negotiating mega-regional agreements with comprehensive procurement chapters, the WTO Government Procurement Agreement remains the most efficient and transparent forum for undertaking further liberalisation in public procurement.

External author

Kamala DAWAR, Sussex University, United Kingdom

Public procurement contracts

01-06-2017

Public authorities conclude contracts to ensure the supply of works and delivery of services. These contracts, concluded in exchange for remuneration with one or more operators, are called public contracts and represent an important part of the EU’s GDP. However, only a small percentage of public procurement contracts have been awarded to non-national undertakings. The application of the principles of the internal market to these contracts ensures better allocation of economic resources and more ...

Public authorities conclude contracts to ensure the supply of works and delivery of services. These contracts, concluded in exchange for remuneration with one or more operators, are called public contracts and represent an important part of the EU’s GDP. However, only a small percentage of public procurement contracts have been awarded to non-national undertakings. The application of the principles of the internal market to these contracts ensures better allocation of economic resources and more rational use of public funds. A new public procurement package was adopted in 2014 by Parliament and the Council with the aim of simplifying procedures and making them more flexible in order to encourage access to public procurement for SMEs, and to ensure that greater consideration is given to social and environmental criteria.

Company law

01-06-2017

There is no codified European company law as such and Member States continue to operate separate company acts, which are amended from time to time to comply with EU directives and regulations. The ongoing efforts for establishing a modern and efficient company law and corporate governance framework for European undertakings, investors and employees aim to improve the business environment in the EU.

There is no codified European company law as such and Member States continue to operate separate company acts, which are amended from time to time to comply with EU directives and regulations. The ongoing efforts for establishing a modern and efficient company law and corporate governance framework for European undertakings, investors and employees aim to improve the business environment in the EU.

Preventive restructuring, second chance and efficient restructuring, insolvency and discharge procedures

24-05-2017

This Commission impact assessment is based on a wealth of information drawing from both research and consultation. Research quoted spans the last decade and encompasses international organisation, academic and think tank work. The consultation performed by the Commission has been essential to prioritising the issues to be further harmonised and in choosing the detailed sub-options. Among the strengths of the IA, there is a genuine attempt to comply as much as possible with the Commission Better Regulation ...

This Commission impact assessment is based on a wealth of information drawing from both research and consultation. Research quoted spans the last decade and encompasses international organisation, academic and think tank work. The consultation performed by the Commission has been essential to prioritising the issues to be further harmonised and in choosing the detailed sub-options. Among the strengths of the IA, there is a genuine attempt to comply as much as possible with the Commission Better Regulation Guidelines and transparency in providing information. This is particularly evident in the broad range of options presented and in the presentation of the territorial impacts of the initiative. In this regard, for instance, the IA provides a useful legal analysis of the most important issues for most Member States. Nevertheless, economic impacts appear to be analysed more in depth than social and employment outcomes. Among the additional weaknesses, the numerous objectives identified are not time-bound and may be difficult to measure. Finally, although the IA states that Member States should not incur significant monitoring costs, the requirements in the IA appear to be shorter and less detailed than the ones in the Commission proposal.

The Impact on SMEs of the Proposal of Preventive Restructuring, Second Chance and Improvement Measures

20-05-2017

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. It looks at the effects the recent Commission proposal might have both on micro and small and medium-sized enterprise, thus reflecting the diversity of SMEs. It identifies and explains the issues at stake of concerned SMEs related to their capacity as both debtors and creditors.

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. It looks at the effects the recent Commission proposal might have both on micro and small and medium-sized enterprise, thus reflecting the diversity of SMEs. It identifies and explains the issues at stake of concerned SMEs related to their capacity as both debtors and creditors.

External author

Stephan MADAUS

Contracts for the supply of digital content and personal data protection

15-05-2017

The proposed directive on the supply of digital content is intended to regulate the main contractual rights and duties of parties to contracts for the supply of digital content and services, and create a harmonised legal framework for digital content to benefit both consumers and businesses. It covers not only contracts where digital content or services are provided in exchange for money, but also those where the consumer provides personal or other data in lieu of money to gain access to digital ...

The proposed directive on the supply of digital content is intended to regulate the main contractual rights and duties of parties to contracts for the supply of digital content and services, and create a harmonised legal framework for digital content to benefit both consumers and businesses. It covers not only contracts where digital content or services are provided in exchange for money, but also those where the consumer provides personal or other data in lieu of money to gain access to digital content or services. The interplay between this proposed private law instrument and the existing public law rules on data protection (notably the recently adopted General Data Protection Regulation) have been the subject of some debate. The European Data Protection Supervisor's recent opinion was critical of the proposal, arguing that, in the EU, personal data 'cannot be conceived as a mere economic asset' and cannot therefore be treated as the consumer's contractual counter-performance in lieu of money. The draft report prepared by the co-rapporteurs in Parliament includes those contracts in which consumers do not pay a price (but potentially provide data) within the scope of the proposal. It eliminates however the notion of personal data as a form of contractual 'counter-performance'. The co-legislators are now facing the challenging task of reconciling the fundamental rights approach with the requirements of economic reality, including the need to grant legal protection to consumers who provide their data in order to access digital content or services.

Policy Departments’ Monthly Highlights - May 2017

12-05-2017

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Upcoming events

25-09-2017
Policy Hub | EU policy on the ICC and combating extreme nationalism
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EPRS
25-09-2017
Hearing on LGBTI Rights outside the EU and implementation of EU Guidelines
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DROI
25-09-2017
Hearing: Evaluating drug policies and state of play in the EU legislation
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LIBE

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