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COLLECTIVE REDRESS IN THE MEMBER STATES OF THE EUROPEAN UNION

03-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised by collective redress: access to justice. This principle, which is essential in a Union enforcing the rule of law, is currently challenged by the existing divergences. As such the creation of harmonised collective redress mechanism is becoming an increasingly pressing matter.

Išorės autorius

Rafael AMARO, Associate Professor at the University Paris-Descartes, France Maria José AZAR-BAUD, Associate Professor at Paris-Sud University, France Sabine CORNELOUP, Professor at the University Paris II Panthéon-Assas, France Bénédicte FAUVARQUE-COSSON, Professor at the University Paris II Panthéon-Assas, France Fabienne JAULT-SESEKE, Professor at the University of Versailles-Saint-Quentin-en-Yvelines, France

The Institutional Consequences of a ‘Bespoke’ Agreement with the UK based on a ‘Distant’ Cooperation Model

04-07-2018

TThis in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the impact for the European Union’s legal system and institutions of a “bespoke” agreement based on a “distant” cooperation model (with the EU/Ukraine and the EU/Canada agreements as main illustrations). The analysis of these agreements’ main characteristics reveals that even “distant” cooperation already has quite impressive ...

TThis in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, examines the impact for the European Union’s legal system and institutions of a “bespoke” agreement based on a “distant” cooperation model (with the EU/Ukraine and the EU/Canada agreements as main illustrations). The analysis of these agreements’ main characteristics reveals that even “distant” cooperation already has quite impressive consequences. These should be better taken into consideration in the present Brexit negotiation.

Išorės autorius

Franklin DEHOUSSE, Professor of International Economic Law, University of Liège

Multilateral court for the settlement of investment disputes

24-11-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State Dispute Settlement (ISDS, ad hoc arbitration) since the 1950s. In recent years, concerns have been voiced about the ISDS, in particular in the context of the negotiation processes of the Transatlantic Trade and Investment Partnership (TTIP) (EU-USA) and of the Comprehensive Economic and Trade Agreement (CETA) (EU-Canada). Based on the results of the public consultation carried out in 2014, the European Commission presented a plan in May 2015 to reform the investment resolution system. It comprises, as a first step, an institutionalised court system (Investment Court System, ICS) for future EU trade and investment agreements and, as a second step, the establishment of an ‘international investment Court’. According to the IA report, ‘since 2016 the Commission has actively engaged with a large number of partner countries both at a technical and political level to further the reform of the ISDS system and to build a consensus for the initiative of a permanent multilateral investment Court’ (IA, p. 6). In its resolutions of 8 July 2015 on the Transatlantic Trade and Investment Partnership (TTIP) and of 6 April 2011 on the future European international investment policy, Parliament noted the need to reform the investment dispute settlement mechanism. In its resolution of 5 July 2016 on the future strategy for trade and investment, it supported the aim of creating a ‘multilateral solution to investment disputes’.

The EU's new approach to funding peace and security

22-11-2017

The link between security, peace and development is recognised by both security and development communities. However, the practical implications of this nexus still pose challenges – especially in the light of a rapidly evolving security environment. While the EU’s assistance for peace and security comes in different forms – for instance through budgetary support or under common security and defence policy – the existing rules of financing under the EU budget exclude activities aimed at enhancing ...

The link between security, peace and development is recognised by both security and development communities. However, the practical implications of this nexus still pose challenges – especially in the light of a rapidly evolving security environment. While the EU’s assistance for peace and security comes in different forms – for instance through budgetary support or under common security and defence policy – the existing rules of financing under the EU budget exclude activities aimed at enhancing cooperation with the defence sector and the military in third countries. The proposed amendment to Regulation (EU) No 230/2014 of 11 March 2014 establishing the Instrument contributing to Stability and Peace (IcSP) aims to remedy this situation by creating the conditions to allow EU budgetary support for capacitybuilding programmes in third countries aimed at training and mentoring, the provision of non-lethal equipment and assistance with infrastructure improvements, and help with strengthening the capacity of military actors in order to contribute to the achievement of peaceful and inclusive societies and sustainable development. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

The settlement of disputes arising from the United Kingdom's Withdrawal from the European Union

17-11-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses the various jurisdiction options, under EU law and under public international law, in settling disputes arising from the Withdrawal Agreement of the UK from the EU and in the context of the Future Relationship Agreement with the UK. It examines in particular the continued involvement of the CJEU in the new context of the EU-UK relations ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses the various jurisdiction options, under EU law and under public international law, in settling disputes arising from the Withdrawal Agreement of the UK from the EU and in the context of the Future Relationship Agreement with the UK. It examines in particular the continued involvement of the CJEU in the new context of the EU-UK relations and, based on CJEU case-law and previous international agreements, presents the various governance possibilities for these agreements.

Workshop: Sectarianism in the Middle East

14-07-2017

Sectarian conflict and polarisation has become a key feature of Middle East politics in the aftermath of the Arab uprisings of 2011. This workshop looked at some of the key drivers of this, such as the troubled legacy of foreign intervention, state failure, regional rivalries between Saudi Arabia, Iran and others, ruling strategies of authoritarian regimes as well as the spread of identity and sect-based political movements. With in-depth analysis of the two key arenas of sectarian conflict in the ...

Sectarian conflict and polarisation has become a key feature of Middle East politics in the aftermath of the Arab uprisings of 2011. This workshop looked at some of the key drivers of this, such as the troubled legacy of foreign intervention, state failure, regional rivalries between Saudi Arabia, Iran and others, ruling strategies of authoritarian regimes as well as the spread of identity and sect-based political movements. With in-depth analysis of the two key arenas of sectarian conflict in the contemporary Middle East, Syria and Iraq, and a paper on the consequences of state collapse, this publication looks also tries to make recommendations how the EU could help reduce sectarian tensions.

Išorės autorius

Dr Toby MATTHIESEN, St Antony's College, Oxford University, Dr Simon MABON, Lancaster University ; Dr Renad MANSOUR, Chatham House, Dr Raphael LEFÈVRE, Oxford University

The Berlin Process and the Trieste summit 2017

11-07-2017

On 12 July 2017, Italy will host the fourth Western Balkan summit of the Berlin Process in Trieste, a city that symbolically links the EU and the Western Balkans. Several EU Member States and the region's six countries will review current progress and discuss a broad agenda in an attempt to go further with regional cooperation, increase coherence and deepen economic integration.

On 12 July 2017, Italy will host the fourth Western Balkan summit of the Berlin Process in Trieste, a city that symbolically links the EU and the Western Balkans. Several EU Member States and the region's six countries will review current progress and discuss a broad agenda in an attempt to go further with regional cooperation, increase coherence and deepen economic integration.

Understanding the OECD tax plan to address 'base erosion and profit shifting' – BEPS

29-06-2017

Action to fight corporate tax avoidance has been deemed necessary in the OECD forum, with further impetus from the G20/OECD 'Base erosion and profit shifting' action plan (known as BEPS), initiated in 2013. The BEPS action plan has 15 actions, covering elements used in corporate tax-avoidance practices and aggressive tax-planning schemes and was endorsed in 2015. The 15 BEPS final reports are generally seen as a step in the fight against corporate tax avoidance. The action against BEPS is designed ...

Action to fight corporate tax avoidance has been deemed necessary in the OECD forum, with further impetus from the G20/OECD 'Base erosion and profit shifting' action plan (known as BEPS), initiated in 2013. The BEPS action plan has 15 actions, covering elements used in corporate tax-avoidance practices and aggressive tax-planning schemes and was endorsed in 2015. The 15 BEPS final reports are generally seen as a step in the fight against corporate tax avoidance. The action against BEPS is designed to be flexible, as a consequence of its adoption by consensus. Recommendations made in BEPS reports range from minimum standards to guidelines, and also putting in place an instrument to modify the provisions of tax treaties related to BEPS practices. Implementation is under way, and the follow-up and future of work to tackle BEPS is organised so as to provide a more inclusive framework able to involve more countries and build on cooperation between international organisations. Putting BEPS actions in place is progressing, in particular with the finalisation of the multilateral instrument aimed at implementing treaty changes envisaged in the BEPS actions. Similarly, progress is being made with regard to the implementation of the BEPS four minimum standards, and documents are being developed to support the implementation of measures addressing BEPS in lower capacity developing countries. A table noting the different fora and their participants is annexed to the briefing. This briefing updates an earlier edition, PE 580.911, of April 2016 (except the part on ‘EU policy: How BEPS actions are translated’ which is the subject of a forthcoming briefing).

Nuclear Proliferation in North East Asia

23-03-2017

The nuclear dimension of the crisis in the Korean peninsula has been compounded since the end of the Cold war, particularly since the North Korean regime announced its withdrawal from the nuclear Non-Proliferation Treaty (NPT) in January 2003. The nuclear and ballistic programmes of the Democratic People’s Republic of Korea (DPRK) have dangerously improved since the beginning of the decade and seem to have accelerated since 2014 in spite of the continuous strengthening of the international sanctions ...

The nuclear dimension of the crisis in the Korean peninsula has been compounded since the end of the Cold war, particularly since the North Korean regime announced its withdrawal from the nuclear Non-Proliferation Treaty (NPT) in January 2003. The nuclear and ballistic programmes of the Democratic People’s Republic of Korea (DPRK) have dangerously improved since the beginning of the decade and seem to have accelerated since 2014 in spite of the continuous strengthening of the international sanctions regime against Pyongyang’s Weapons of Mass Destruction programmes. Accordingly, tensions have risen dramatically in the Korean peninsula. In the current context, the resumption of the six-party talks – deadlocked since the spring of 2007 - remains very hypothetical. It is clearly dependent on a change of attitude on Pyongyang’s part, something hardly predictable. Even if ‘strategic patience’ towards North Korea has been challenged for some time, it may be that there is no better alternative to this policy. Comprehensively conceived, it should be understood as a strong policy of containment of the North Korean nuclear crisis in order to make possible the return of Pyongyang to negotiations. As a subsidiary issue, it could be asked whether the EU could play a renewed role as regards to nuclear and ballistic proliferation in North East Asia.

Išorės autorius

Benjamin HAUTECOUVERTURE (Fondation pour la Recherche Strategique - FRS, Paris, France)

Syria: Stalled Peace Process and Blocked Humanitarian Access

24-11-2016

Amid stalled peace talks and a worsening humanitarian situation, the EU is working alongside the UN Special Envoy for Syria to engage key regional and international players and broker a return to the negotiating table. In parallel, an EU emergency humanitarian initiative for Aleppo has been launched to attempt to break the deadlock over humanitarian access and deliver aid to some of the 275 000 people in Aleppo and 13.5 million people across the country who are in desperate need of assistance.

Amid stalled peace talks and a worsening humanitarian situation, the EU is working alongside the UN Special Envoy for Syria to engage key regional and international players and broker a return to the negotiating table. In parallel, an EU emergency humanitarian initiative for Aleppo has been launched to attempt to break the deadlock over humanitarian access and deliver aid to some of the 275 000 people in Aleppo and 13.5 million people across the country who are in desperate need of assistance.

Būsimi renginiai

01-10-2019
Health threats from climate change: Scientific evidence for policy-making
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