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Lisätty 19-06-2018

New EU insolvency rules give troubled businesses a chance to start anew

19-06-2018

In 2012, the Commission proposed to recast the 2000 Insolvency Regulation in order to address the cross-border aspects of insolvency in the EU. Adopted in 2015, the recast regulation introduced clear rules on the jurisdiction and law applicable to a debtor's insolvency proceedings and made mandatory the recognition of those proceedings in other EU Member States. Its remit was expanded to include not only bankruptcy but also hybrid and pre-insolvency proceedings, as well as debt discharges and debt ...

In 2012, the Commission proposed to recast the 2000 Insolvency Regulation in order to address the cross-border aspects of insolvency in the EU. Adopted in 2015, the recast regulation introduced clear rules on the jurisdiction and law applicable to a debtor's insolvency proceedings and made mandatory the recognition of those proceedings in other EU Member States. Its remit was expanded to include not only bankruptcy but also hybrid and pre-insolvency proceedings, as well as debt discharges and debt adjustments for natural persons (consumers and sole traders). In late 2016, as a further step and a follow up to the Insolvency Recommendation of 2014, the Commission proposed to adopt a directive on business restructuring, which would provide new legal tools to rescue viable businesses in distress and give honest but bankrupt entrepreneurs a second chance. The proposal focuses on three key elements: common principles on early restructuring tools, which would help companies to continue operating and preserve jobs; rules to allow entrepreneurs to benefit from a second chance through a discharge of debt; and targeted measures allowing Member States to increase the efficiency of insolvency, restructuring and discharge procedures. The initiative is a key deliverable under the capital markets union action plan. It will also contribute substantially to addressing the high levels of non-performing loans in banks' balance sheets. The draft report was presented to the Parliament’s Committee on Legal Affairs (JURI) in September 2017. In May 2018 the Council reached agreement on part of the proposal.

Faith-based actors and the implementation of the European Pillar of Social Rights

19-06-2018

The European Pillar of Social Rights was jointly proclaimed and signed by the European Commission, the European Parliament and the Council at the Gothenburg Social Summit in November 2017. The 20 principles and rights that make up the Social Pillar build on the existing social acquis, i.e. social mandate contained in binding provisions of EU law, and should serve as a 'compass' for the renewal of current labour markets and welfare systems across the European Union (EU). Their implementation is largely ...

The European Pillar of Social Rights was jointly proclaimed and signed by the European Commission, the European Parliament and the Council at the Gothenburg Social Summit in November 2017. The 20 principles and rights that make up the Social Pillar build on the existing social acquis, i.e. social mandate contained in binding provisions of EU law, and should serve as a 'compass' for the renewal of current labour markets and welfare systems across the European Union (EU). Their implementation is largely the responsibility of the Member States in cooperation with the social partners and with the support of the European Union. Faith-based organisations are similar to voluntary organisations, i.e. civil society associations, third sector organisations and non-profit organisations. Some are inspired by religious values without being formally linked to religious institutions. They play an important role in addressing social problems, particularly in relation to under-served populations. They often cooperate with secular organisations and contribute to the welfare state. In the EU context, there is no distinction between faith-based and secular organisations, when it comes to policy development, programme implementation or funding. Faith-based organisations have welcomed the Social Pillar and have emphasised in particular the role they could play in its implementation at grassroots level. Not only can they provide services, they can also help to devise strategies and funding schemes by connecting local, national and European actors. There are still a lot of gaps in the evaluation of their activities, however, which makes it difficult to quantify their real contribution to the functioning of the welfare state.

Lisätty 18-06-2018

Revising the European Citizens' Initiative

18-06-2018

The ECI enables European citizens to invite the Commission to table a proposal for a legal act. The detailed rules for such initiatives are laid down in a 2011 regulation, whose main stated aim is encouraging citizens’ participation in the political life of the European Union (EU). However, since the regulation became applicable in April 2012, numerous actors have raised concerns regarding the instrument’s functioning and have called for reform, aiming to simplify the existing procedures and increasing ...

The ECI enables European citizens to invite the Commission to table a proposal for a legal act. The detailed rules for such initiatives are laid down in a 2011 regulation, whose main stated aim is encouraging citizens’ participation in the political life of the European Union (EU). However, since the regulation became applicable in April 2012, numerous actors have raised concerns regarding the instrument’s functioning and have called for reform, aiming to simplify the existing procedures and increasing the tool’s usability. On 13 September 2017, the Commission presented a legislative proposal which would update the tool and replace the existing regulation on the European Citizens’ Initiative. On 9 March 2018, the Parliament’s Committee on Constitutional Affairs (AFCO) published its draft report on the Commission proposal for revision of the European Citizens’ Initiative (ECI). The AFCO committee is expected to vote on the report on 20 June Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Strengthening EU cooperation on health technology assessment

18-06-2018

The impact assessment (IA) accompanying the Commission proposal on strengthening EU cooperation on Health Technology Assessment clearly defines the problem, as well as the general and specific objectives. However, the IA does not appear to have succeeded in presenting a very convincing range of options. The analysis of impacts focuses on the economic dimension, which is consistent with the manner in which the problems have been defined. In light of the reported concentration of SMEs in the medical ...

The impact assessment (IA) accompanying the Commission proposal on strengthening EU cooperation on Health Technology Assessment clearly defines the problem, as well as the general and specific objectives. However, the IA does not appear to have succeeded in presenting a very convincing range of options. The analysis of impacts focuses on the economic dimension, which is consistent with the manner in which the problems have been defined. In light of the reported concentration of SMEs in the medical technologies sector (95 %), more emphasis could have been put on analysing the impacts of the retained options on them. The stakeholders' views have been illustrated in a satisfactory way. The evidence included or referenced in the IA is copious and up to date. The IA appears to have addressed most of the RSB's recommendations. Finally, the legislative proposal appears to be consistent with the analysis carried out in the IA.

Fostering cross-border investment – Law applicable to the third-party effects of assignments of claims

18-06-2018

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on ...

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on the basis mostly of legal analysis and supported by anecdotal evidence gathered through the stakeholder consultation.

Law applicable to the third-party effects of assignments of claims

18-06-2018

The assignment of a claim refers to a situation where a creditor transfers the right to claim a debt to another person. This system is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The new rules proposed by the Commission clarify which law is applicable for the resolution of such disputes: as a general rule, the law of the country ...

The assignment of a claim refers to a situation where a creditor transfers the right to claim a debt to another person. This system is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The new rules proposed by the Commission clarify which law is applicable for the resolution of such disputes: as a general rule, the law of the country where assignors have their habitual residence applies, regardless of which Member State's courts or authorities examine the case. This proposal will promote cross-border investment and access to cheaper credit, and prevent systemic risks.

Modernisation of EU consumer protection rules: A new deal for consumers

18-06-2018

On 11 April 2018, the European Commission published a proposal for a directive on better enforcement and modernisation of EU consumer protection, as part of its 'new deal for consumers' package of measures. The proposal comes after a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive showed that the EU consumer legislation is fit for purpose, but could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. ...

On 11 April 2018, the European Commission published a proposal for a directive on better enforcement and modernisation of EU consumer protection, as part of its 'new deal for consumers' package of measures. The proposal comes after a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive showed that the EU consumer legislation is fit for purpose, but could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. The proposal focuses on various consumer issues, including penalties for infringements, transparency on online marketplaces, protection for consumers of 'free' digital services and dual quality of products. It would amend the Unfair Commercial Practices Directive, the Consumer Rights Directive, the Unfair Contract Terms Directive and the Price Indication Directive. The proposal is in now under consideration in the European Parliament and the Council of the EU.

The institutional architecture of EU anti-fraud measures: Overview of a network

18-06-2018

In the European Union, several institutions, agencies and other bodies (collectively referred to as 'EU authorities') are concerned with preventing and combating fraud related to the EU budget. These EU authorities, and the activities they carry out – including policy-making, monitoring and operational tasks – make up a multi-layered network in which Member States and international organisations are also included. At the domestic level, national authorities contribute by detecting, prosecuting and ...

In the European Union, several institutions, agencies and other bodies (collectively referred to as 'EU authorities') are concerned with preventing and combating fraud related to the EU budget. These EU authorities, and the activities they carry out – including policy-making, monitoring and operational tasks – make up a multi-layered network in which Member States and international organisations are also included. At the domestic level, national authorities contribute by detecting, prosecuting and reporting fraudulent behaviour in the use of European Union funds to the European Commission. At the same time, a number of international organisations coordinate efforts across countries and legal systems to combat fraud. The present analysis offers an overview of this network, with a focus on the European Union institutional framework.

Lisätty 15-06-2018

EU Multiannual Financial Framework [What Think Tanks are thinking]

15-06-2018

The European Commission has made proposals for the new long-term budget and on own resources for the European Union. The Multiannual Financial Framework (MFF) for 2021-2027 is slightly bigger than the current MFF, in constant prices. The budget proposal takes into account the shortfall on the revenue side caused by the UK's withdrawal from the EU, on the one hand, and the growing need to finance new priorities, on the other. The Commission proposes to increase funds for such areas as competitiveness ...

The European Commission has made proposals for the new long-term budget and on own resources for the European Union. The Multiannual Financial Framework (MFF) for 2021-2027 is slightly bigger than the current MFF, in constant prices. The budget proposal takes into account the shortfall on the revenue side caused by the UK's withdrawal from the EU, on the one hand, and the growing need to finance new priorities, on the other. The Commission proposes to increase funds for such areas as competitiveness, migration and security, and to reduce spending on traditional policies, such as cohesion and agriculture. For the first time, the Commission proposes to make the availability of funds dependent on the respect for the rule of law and EU values in recipient countries. This note offers links to a selection of recent commentaries, studies and reports from some of the major international think tanks and research institutes, which discuss the EU's long-term budget and related reforms. More reports on the topics are available in a previous edition of 'What Think Tanks are Thinking', published in March, PE 614.541.

Plenary round-up – Strasbourg, June 2018

15-06-2018

The June plenary session highlights were the continuation of the debate on the future of Europe with the Prime Minister of the Netherlands, Mark Rutte, and the preparation of the European Council meeting of 28 and 29 June 2018. The European Commission and Council participated in discussions on, inter alia, the independence of the judiciary in Poland, humanitarian emergencies in the Mediterranean and solidarity in the EU, and the economic and monetary union package. VP/HR Federica Mogherini's statements ...

The June plenary session highlights were the continuation of the debate on the future of Europe with the Prime Minister of the Netherlands, Mark Rutte, and the preparation of the European Council meeting of 28 and 29 June 2018. The European Commission and Council participated in discussions on, inter alia, the independence of the judiciary in Poland, humanitarian emergencies in the Mediterranean and solidarity in the EU, and the economic and monetary union package. VP/HR Federica Mogherini's statements on the Iran nuclear deal, the annual report on human rights and democracy in the world (2017), and on the Georgian occupied territories ten years after the Russian invasion, were also discussed. Debates followed on the first anniversary of the signature of the Istanbul Convention and on the closure of the ivory market to combat poaching. Parliament approved the proposal to amend the regulation on OTC derivatives, an agreement on common rules in the field of civil aviation, on monitoring and reporting of CO2 emissions and on fuel consumption of heavy-duty vehicles. It approved the final text of a proposed directive on proportionality tests for new national professional regulations. It also approved the new composition of Parliament after 'Brexit', and further macro-financial assistance to Ukraine.

Tulevat tapahtumat

20-06-2018
How to better combat fraud?
Seminaari -
CONT
20-06-2018
Public hearing on Digitalisation in transport
Kuulemistilaisuus -
TRAN
20-06-2018
Gender Budgeting: State of Play and way forward - Hearing - 20.6.2018
Kuulemistilaisuus -
FEMM

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