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Word(s)
Publication type
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Keyword
Date

Revision of the Blue Card Directive

18-05-2017

Attracting highly qualified immigrants to Europe has been one of the EU's key priorities for several years. However, up until now the EU has not been as successful as other OECD countries. This demand for workers is expected to increase due to the increasing shortage of certain skills and the aging of the EU’s population. The proposed directive, which would replace the 2009 Blue Card Directive, increases the attractiveness of the EU highly skilled migration scheme by expanding its scope, lowering ...

Attracting highly qualified immigrants to Europe has been one of the EU's key priorities for several years. However, up until now the EU has not been as successful as other OECD countries. This demand for workers is expected to increase due to the increasing shortage of certain skills and the aging of the EU’s population. The proposed directive, which would replace the 2009 Blue Card Directive, increases the attractiveness of the EU highly skilled migration scheme by expanding its scope, lowering criteria for admission, expanding the rights of beneficiaries, and abolishing parallel national schemes. Stakeholders and experts agree with some proposed changes, while others have received more criticism (for example, the abolition of national schemes). Both EU advisory committees have issued opinions and some national parliaments have made comments on the proposal. The Council started work on the proposal in July 2016.

European Travel Information and Authorisation System (ETIAS): Border management, fundamental rights and data protection

18-05-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS), adopted by the European Commission on 16 November 2016. It provides an assessment of the necessity, implications in relation to interoperability, and impact in terms of fundamental ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, appraises the proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS), adopted by the European Commission on 16 November 2016. It provides an assessment of the necessity, implications in relation to interoperability, and impact in terms of fundamental rights, including the right to personal data protection and the right to privacy. It finds that the necessity of ETIAS has not been made, that the proposal is likely to introduce interoperability through the backdoor, and that it constitutes a significant interference with fundamental rights.

External author

Susie ALEGRE, Director, Alegre Consulting Ltd and Associate Tenant, Doughty Street Chambers Dr. Julien JEANDESBOZ (Coordinator), Associate Researcher, CCLS (Centre d'étude sur les conflits) Dr. Niovi VAVOULA, Queen Mary University of London

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.

The rights of LGBTI people in the European Union

12-05-2017

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies and the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally reserved to Member States, such as marital status and family law. This is a further updated version of a briefing originally drafted by Piotr Bakowski. The previous edition was published in May 2016, PE 582.031.

European information systems in the area of justice and home affairs: An overview

11-05-2017

The interconnections between border management, migration and internal security have become more apparent recently in the context of high inflows of refugees and irregular migrants and of increasing terrorist activities in the EU. To address these challenges, the EU has taken steps to revise and develop the European information systems in order to improve the collection, processing and sharing of data among Member States and relevant EU agencies. This publication provides an overview of the existing ...

The interconnections between border management, migration and internal security have become more apparent recently in the context of high inflows of refugees and irregular migrants and of increasing terrorist activities in the EU. To address these challenges, the EU has taken steps to revise and develop the European information systems in order to improve the collection, processing and sharing of data among Member States and relevant EU agencies. This publication provides an overview of the existing and proposed European information systems in the area of justice and home affairs. It discusses the legal basis, the purposes, the scope of data and access, the utilisation and the proposed changes for each information system, including issues of interoperability.

Reform of the Qualification Directive

09-05-2017

The current refugee and migrant crisis in Europe has called into question existing EU legislation on asylum, in particular the criteria according to which applicants for international protection can qualify for refugee or subsidiary protection status, as recognised in the Qualification Directive. Although national asylum rules are more closely aligned than they were, major differences in approach persist across the EU. This can lead asylum-seekers to claim refuge in Member States whose asylum systems ...

The current refugee and migrant crisis in Europe has called into question existing EU legislation on asylum, in particular the criteria according to which applicants for international protection can qualify for refugee or subsidiary protection status, as recognised in the Qualification Directive. Although national asylum rules are more closely aligned than they were, major differences in approach persist across the EU. This can lead asylum-seekers to claim refuge in Member States whose asylum systems appear to be more generous, rather than in the Member State officially responsible for their asylum applications. The Commission's proposal of 13 July 2016 proposes to replace the Qualification Directive with a regulation, setting uniform standards for the recognition of people in need of protection and for the rights granted to beneficiaries of international protection.

Resettlement of refugees: EU framework

25-04-2017

Resettlement is one tool to help displaced persons in need of protection reach Europe safely and legally, and receive protection for as long as necessary. It is a durable solution which includes selection and transfer of refugees from a country where they seek protection to another country. Apart from providing international protection to refugees, its aim is also to strengthen solidarity and responsibility-sharing between countries. For a resettlement to take place, the United Nations Refugee Agency ...

Resettlement is one tool to help displaced persons in need of protection reach Europe safely and legally, and receive protection for as long as necessary. It is a durable solution which includes selection and transfer of refugees from a country where they seek protection to another country. Apart from providing international protection to refugees, its aim is also to strengthen solidarity and responsibility-sharing between countries. For a resettlement to take place, the United Nations Refugee Agency (UNHCR) has to determine an applicant is a refugee according to the 1951 Geneva Convention, and has to identify resettlement as the most appropriate solution. On 13 July 2016, as part of the reform of the Common European Asylum System and the long-term policy on better migration management, the Commission presented a proposal which aims to provide for a permanent framework with standard common procedures for resettlement across the EU, and will complement current national and multilateral resettlement initiatives. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Respect for private life and protection of personal data in electronic communications

11-04-2017

Overall the IA report makes a good presentation of the Commission's impact assessment work for the legislative proposal. The IA draws on a vast amount of research and expertise in elaborating the policy options and linking them to the main problems. Also, the range of policy options appears comprehensive. However, a more thorough analysis of the social and fundamental rights impacts would have considerably strengthened the report. In particular, as confidentiality remains a sensitive issue in this ...

Overall the IA report makes a good presentation of the Commission's impact assessment work for the legislative proposal. The IA draws on a vast amount of research and expertise in elaborating the policy options and linking them to the main problems. Also, the range of policy options appears comprehensive. However, a more thorough analysis of the social and fundamental rights impacts would have considerably strengthened the report. In particular, as confidentiality remains a sensitive issue in this field, the IA report could have gone into more depth on this issue, especially when comparing the options. In addition, more attention could have been dedicated to developing clearer monitoring and evaluation indicators.

Combating sexual abuse of children Directive 2011/93/EU

11-04-2017

This European implementation assessment analyses the implementation of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography. This study, written in-house, focuses on the following areas: prevention, identification of victims, investigation and prosecution, and assistance and protection for victims. It begins with a contextualisation of the directive and presents the provisions of the EU legal framework. The assessment highlights a number of ...

This European implementation assessment analyses the implementation of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography. This study, written in-house, focuses on the following areas: prevention, identification of victims, investigation and prosecution, and assistance and protection for victims. It begins with a contextualisation of the directive and presents the provisions of the EU legal framework. The assessment highlights a number of outstanding challenges, in particular in prevention of child sexual abuse, where research shows inadequate implementation of the directive. The assessment then examines the issue of identification of child victims and finds several shortcomings, including how victims’ disclosures are dealt with. The last section of the assessment focuses on the investigative and judicial proceedings phase, where necessary improvements in the application of child-friendly justice are underlined.

European Citizens' Initiative

10-04-2017

The European Citizens' Initiative (ECI) was introduced in 2009 with the Lisbon Treaty. It is a key element of participatory democracy, allowing citizens to play an active role in the EU's democratic life, by addressing requests to the European Commission for legislative proposals. The procedure and conditions for ECIs are governed by Regulation (EU) No 211/2011, in force since April 2012. This was the subject of a first three-yearly review by the Commission in 2015, leading to a debate on the ECI's ...

The European Citizens' Initiative (ECI) was introduced in 2009 with the Lisbon Treaty. It is a key element of participatory democracy, allowing citizens to play an active role in the EU's democratic life, by addressing requests to the European Commission for legislative proposals. The procedure and conditions for ECIs are governed by Regulation (EU) No 211/2011, in force since April 2012. This was the subject of a first three-yearly review by the Commission in 2015, leading to a debate on the ECI's effectiveness and some suggestions for improvement.

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29-05-2017
The future of OLAF
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30-05-2017
The potential of electricity demand response
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ITRE
30-05-2017
The current challenges of fighting terrorism and serious crime
Hearing -
LIBE

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