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'Rainbow families' – same-sex couples with or without children – still face many obstacles while exercising their free movement rights today. In a debate in the European Parliament in September 2010, then European Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, stated, 'Let me stress this. If you live in a legally recognised same-sex partnership, or marriage, in country A, you have the right – and this is a fundamental right – to take this status and that of your partner ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, focuses on the scope of the CJEU’s jurisdiction over national measures relating to the organisation of national judiciaries. After providing an overview of the legal framework post Lisbon Treaty, the study offers a chronological outline and a transversal assessment of the CJEU’s case law relating to the second subparagraph of Article 19(1) TEU ...

Sixty years ago, on 5 February 1963, the European Court of Justice handed down the first in a series of landmark judgments that laid the constitutional foundations of the EU legal order. The seminal case of Van Gend & Loos offered the Court an opportunity to proclaim the doctrine of the direct effect of EU law within the legal orders of the Member States. In practice, this means that individuals may claim rights directly under EU law and enforce those rights before national courts. The Van Gend & ...

Thanks to successive Treaty revisions, the European Parliament has acquired the status of legislator on an equal footing with the Council. Today the ordinary legislative procedure (Article 294 Treaty on the Functioning of the European Union − TFEU), previously known as co-decision, covers a vast amount of policy areas. In order to pass legislation, Parliament, representing the EU citizens, and Council, representing the governments of the EU Member States, have to agree on an identical text, which ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of “Rights of Nature” (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ...

KEY FINDINGS Open office spaces are introduced for the following reason: - Saving costs on real estate. Real estate expenses are the second largest costs for a company. By creating more workplaces in the same amount of square meters costs can be reduced on buildings and maintenance. - Increase communication. If people are in closer proximity from one another and move around freely communication will increase. - Improve team work. As teams are now sharing the same space knowledge sharing will ...

Article 78(3) of the Treaty on the Functioning of the European Union (TFEU) provides for the adoption of provisional measures in emergency migratory situations at the EU's external borders. It was first used during the 2015 migration crisis. On the basis of that article, the Council of the EU adopted binding decisions providing for the relocation from Italy and Greece of 160 000 people so as to ensure a fair and balanced distribution of, and sharing of responsibility for, asylum-seekers who were ...

Action for annulment of an EU act

Briefing 08-11-2019

An action for annulment is a legal procedure before the Court of Justice that guarantees the conformity of EU legislative acts, regulatory acts and individual acts with the superior rules of the EU legal order. An action can be brought within two months of the publication or notification of the contested measure. Applicants are divided into three categories: privileged, semi-privileged and non-privileged. Privileged applicants – the Member States, Parliament, Commission and Council – may bring an ...

In the 70 years since the adoption of the Universal Declaration of Human Rights – the first international document to set common standards of achievement for all states – the pivotal role and moral, legal and political significance of human rights in the international arena have become indisputable. However, despite considerable progress in many areas on recognition, codification and implementation, human rights have also come under increased attack. Whether in theatres of war or in the political ...

This briefing analyses specific implications of the better regulation package for the European Commission’s enforcement policy. It also assesses the current state of play of implementation of EU law using the latest available data. Additionally, it analyses the main barriers to effective implementation and how the EU institutions can assist national parliaments with these problems. Finally, it makes some key policy recommendations for further empowering national and EU institutions in ensuring timely ...