16

tulos(ta)

Hakusana(t)
Julkaisutyyppi
Toimiala
Laatija
Päivämäärä

Targeted sanctions against individuals on grounds of grave human rights violations – impact, trends and prospects at EU level

26-04-2018

Sanctions are one of the tools utilised to address human rights violations. They are also an increasingly prominent tool in the European Union’s foreign policy. International sanctions policy is part of a global trend towards individualisation: rather than affecting the state as a whole, bans nowadays are targeted at individuals identified as responsible for the abuses. The present study analyses the evolution of targeted sanctions regimes imposed by the EU, as well as by the UN, against individuals ...

Sanctions are one of the tools utilised to address human rights violations. They are also an increasingly prominent tool in the European Union’s foreign policy. International sanctions policy is part of a global trend towards individualisation: rather than affecting the state as a whole, bans nowadays are targeted at individuals identified as responsible for the abuses. The present study analyses the evolution of targeted sanctions regimes imposed by the EU, as well as by the UN, against individuals on grounds of gross human rights violations. It focuses on the most recent developments in international sanctions practice. It provides recommendations on how this tool could be further developed at EU level, making reference to the option of adopting a Global Magnitsky-type legislation allowing for the designation of human rights abusers worldwide.

Ulkopuolinen laatija

Clara Portela

Jurisdiction upon and after the UK’s withdrawal: The perspective from the UK Constitutional Order

10-01-2018

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this ...

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this agreement. It also looks on the role of domestic courts as well as the continued impact of CJEU -UK courts’ rulings. It finally looks into the relevant provisions on jurisdiction in the draft EU Withdrawal Bill currently debated in the UK Parliament.

Ulkopuolinen laatija

Steve PEERS

Statistical governance in Greece - recent developments

29-11-2017

This document provides an overview of the recent developments of Greek statistical system as well as an indication of the magnitude of the revision of public finance data after their first validation. It also covers legal proceedings before Greek courts against Andreas Georgiou (Head of the Greek Statistical Office, ELSTAT, between 2 August 2010 and 2 August 2015), among others on the ground of the accusation that he has inflated 2009 Greek deficit figures. This document is an update of a briefing ...

This document provides an overview of the recent developments of Greek statistical system as well as an indication of the magnitude of the revision of public finance data after their first validation. It also covers legal proceedings before Greek courts against Andreas Georgiou (Head of the Greek Statistical Office, ELSTAT, between 2 August 2010 and 2 August 2015), among others on the ground of the accusation that he has inflated 2009 Greek deficit figures. This document is an update of a briefing published in November 2016.

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - The United Kingdom

09-10-2017

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court structure in the UK. The study commences with an historical introduction which stresses the absence in domestic law of a clearly delineated sense of what counts as ‘constitutional’ .In traditional accounts of the UK Constitution there is no hierarchy of higher order ‘constitutional’ and ‘ordinary’ Acts of Parliament. Neither has a separate court structure developed to handle exclusively constitutional claims, although specialised ad hoc tribunals do exist in public law contexts. The underpinning principles remain (i) the doctrine of parliamentary sovereignty and (ii) the rule of law. After this introduction, a review is provided of the main remedies and procedures used for the redress of grievances against public bodies. In a subsequent section of materials, a table of the main sources of individual rights against the state is provided. The domestic status of constitutional conventions and international law are dealt with in this part. Then, an account of the substantive norms informing the standards of effective protection for the individual is given, including some critical commentary on the operation of key provisions. The concluding section compares the benefits and drawbacks of specialised tribunal adjudication, the ‘politicised’ nature of certain judicial review proceedings against a background of increasing privately-owned provision of services to the public and the continuing relevance of private law tort claims where compensation for mistreatment at the hands of the state is sought.

Ulkopuolinen laatija

EPRS, Comparative Law

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - United States of America

06-10-2017

This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider ...

This study is part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available to individuals in American law, and in particular before this country’s highest courts. To that end, after a general introduction setting out the historical background, we will consider the various remedies available to individuals at both administrative and judicial level. The next step will be to look at the rules used as reference standards for the protection of individuals, and the case law of the highest courts regarding effective legal protection. Finally, we will draw some conclusions on the situation as a whole, with some suggestions for improvements. The immediate study describes the American model of judicial review, a decentralized model in which all courts have the authority to adjudicate constitutional matters alongside other types of litigation. Judicial review has been a part of major controversies throughout American history. The study describes how federal courts may hear constitutional claims of plaintiffs meeting the jurisdictional requirement for a concrete "case or controversy." It further describes the need for a plaintiff to demonstrate a cause of action in order to enforce his or her constitutional right. Remedies for constitutional violations include injunctive relief, declaratory judgments, damages, suppression of evidence, and post-conviction relief. The study also describes the absence in American law of a right to an effective remedy.

Ulkopuolinen laatija

EPRS, Comparative Law

Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation

30-06-2016

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as ...

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.

Forced Marriage from a Gender Perspective

15-02-2016

This study provides an overview of the practice of forced marriage in the EU from a gender equality and women’s rights perspective. It analyses the definitions of forced marriage and puts forward a definition from a gender perspective. It also provides an overview of the relevant international/EU legislation, policies and deliberations, as well as national policies, civil law and criminal law (in the 12 Member State that criminalise forced marriage). For those Member States that criminalise forced ...

This study provides an overview of the practice of forced marriage in the EU from a gender equality and women’s rights perspective. It analyses the definitions of forced marriage and puts forward a definition from a gender perspective. It also provides an overview of the relevant international/EU legislation, policies and deliberations, as well as national policies, civil law and criminal law (in the 12 Member State that criminalise forced marriage). For those Member States that criminalise forced marriage, the study provides an assessment of the effectiveness and possible consequences of the implementation of the criminal legislation, including an analysis of data and case-law. The study includes a specific chapter focusing on forced marriage within Roma communities and five case-studies specifically focusing on Denmark, Germany, Spain, Slovakia and the UK. The study also puts forward recommendations for improving the response to forced marriage at EU and Member State level.

Ulkopuolinen laatija

Emma Psaila, Vanessa Leigh, Marilena Verbari, Sara Fiorentini, Virginia Dalla Pozza and Ana Gomez

Indigenous Peoples, Extractive Industries and Human Rights

18-09-2014

The present study examines the human rights impacts of the extractive industries on indigenous peoples worldwide. It finds that there continue to be significant human rights risks associated with mining, oil and gas extraction falling disproportionately on indigenous peoples. It argues that the growing demand for non-renewable resources and the need to explore and exploit resources in ever more invasive ways suggest that such activities are likely to impinge even more on the lands of indigenous communities ...

The present study examines the human rights impacts of the extractive industries on indigenous peoples worldwide. It finds that there continue to be significant human rights risks associated with mining, oil and gas extraction falling disproportionately on indigenous peoples. It argues that the growing demand for non-renewable resources and the need to explore and exploit resources in ever more invasive ways suggest that such activities are likely to impinge even more on the lands of indigenous communities living in countries with important resource reserves. The paper acknowledges the major efforts being made by industry associations to address these issues through voluntary guidelines but finds that, notwithstanding, conflicts and violence persist and that further measures are required to protect the rights and interests of indigenous peoples. The universal acceptance of the 2007 Declaration on the Rights of Indigenous Peoples provides impetus to renewed efforts to ensure implementation of the provisions in practice. The paper concludes by recommending, among other things, that the European Union as one of the regions championing the Declaration at the United Nations take the initiative to develop a region-wide framework for extractive industries that sanction companies and provide legal redress in cases where the human rights of indigenous peoples are violated.

Ulkopuolinen laatija

Julian BURGER (University of Essex, United Kingdom)

Trade Secrets

15-04-2014

This document provides an analysis of the nature of a trade secret, its legal protection and the European Commission's recent proposal. While protection is afforded under several jurisdictions, such as EU law, international law, criminal law, civil law, labour law or simply tort law, no uniform instrument exists. As case law is very important for that kind of a relatively new concept, some examples from jurisprudence are provided.

This document provides an analysis of the nature of a trade secret, its legal protection and the European Commission's recent proposal. While protection is afforded under several jurisdictions, such as EU law, international law, criminal law, civil law, labour law or simply tort law, no uniform instrument exists. As case law is very important for that kind of a relatively new concept, some examples from jurisprudence are provided.

Contractual Arrangements Applicable to Creators: Law and Practice of Selected Member States

15-01-2014

This report discusses the legal framework applicable to copyright contracts as well as the practices in artistic sectors. A careful revision of the copyright provisions, contractual law principles and case law in 8 Member States is presented together with a more specific analysis of a set of issues particularly relevant nowadays, such as collective bargaining, digital exploitation, imbalanced contracts, and reversion rights, among others. A set of recommendations aiming at improving the level of ...

This report discusses the legal framework applicable to copyright contracts as well as the practices in artistic sectors. A careful revision of the copyright provisions, contractual law principles and case law in 8 Member States is presented together with a more specific analysis of a set of issues particularly relevant nowadays, such as collective bargaining, digital exploitation, imbalanced contracts, and reversion rights, among others. A set of recommendations aiming at improving the level of fairness in copyright contracts is proposed at the end of the study.

Ulkopuolinen laatija

Séverine Dusollier (CRIDS, University of Namur), Caroline Ker (CRIDS, University of Namur), Maria Iglesias (KEA – European Affairs) and Yolanda Smits (KEA – European Affairs) , National reports contributions: Séverine Dusollier (Belgium, France), Caroline Ker (Belgium, France), Maria Iglesias (Spain), Thomas Hoeren (Germany), Antonina Bakardjieva (Sweden), Anna Hammaren (Sweden), Péter Mezei (Hungary), Maciej Barczewski (Poland, assisted by Mr Michal Cieszewski) and Estelle Derclaye (United Kingdom)

Tulevat tapahtumat

05-11-2019
The Art and Craft of Political Speech-writing: A conversation with Eric Schnure
Muu tapahtuma -
EPRS
06-11-2019
Where next for Europe’s economy? The latest IMF European Regional Economic Outlook[.]
Muu tapahtuma -
EPRS
06-11-2019
EPRS Annual Lecture: Clash of Cultures: Transnational governance in post-war Europe
Muu tapahtuma -
EPRS

Kumppanit

Pysy ajan tasalla

email update imageSähköpostipäivitykset

Voit seurata ihmisiä ja asioita parlamentissa suoraan sähköpostiisi lähetettävien päivitysten avulla. Näin saat tuoreimmat uutiset muun muassa EP:n jäsenistä, valiokunnista, uutispalveluista ja Think Tank -osioista.

Järjestelmään pääsee miltä tahansa sivulta parlamentin verkkosivustolla. Se on helppo ottaa käyttöön: anna sähköpostiosoitteesi, valitse aihe, josta haluat saada ilmoituksia, ja ilmoita, kuinka usein haluat saada tietoa (päivittäin, viikoittain vai kuukausittain). Hetken kuluttua saat sähköpostin, jossa olevaa linkkiä napsauttamalla voit vahvistaa rekisteröitymisesi.

RSS imageRSS-syötteet

Voit seurata verkkosivustomme uutisia ja päivityksiä RSS-syötteiden avulla.

Napsauta alla olevaa linkkiä syötteiden konfiguroimiseksi.