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Revising the Taking of Evidence Regulation

27-05-2019

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament's position include modifying the definition of the term 'court', to mean any authority in a Member State that ...

On 31 May 2018, the Commission proposed a proposal for a new regulation on taking of evidence in civil proceedings. It takes stock of the existing regulation (from 2001), but provides for a number of changes to remove legal uncertainty and to promote electronic communications. Parliament adopted its legislative resolution on the proposal on 13 February 2019. The main points of Parliament's position include modifying the definition of the term 'court', to mean any authority in a Member State that is competent under the laws of that Member State to take evidence according to this regulation (i.e. not only judicial bodies). Parliament also considers that any decentralised information technology (IT) system for cross-border communication of evidence must be based on e-CODEX, and that the use of videoconferencing or any other appropriate distance communication technology should be subject to the consent of the person to be heard. Any electronic systems used to take evidence must also ensure that professional secrecy and legal professional privilege (lawyers' secrets) are duly protected. The discussion in Council is ongoing, thus trilogue negotiations on the proposal have not yet been able to commence.

Fight against fraud: Pericles 2020, Hercule III and AFIS

09-04-2019

Pericles 2020 is an exchange, assistance and training programme for the protection of the euro against counterfeiting. Hercule III is a programme aimed at supporting action to combat irregularities, fraud and corruption affecting the EU budget. AFIS is a collection of applications for the exchange of anti-fraud information between OLAF and national administrations.

Pericles 2020 is an exchange, assistance and training programme for the protection of the euro against counterfeiting. Hercule III is a programme aimed at supporting action to combat irregularities, fraud and corruption affecting the EU budget. AFIS is a collection of applications for the exchange of anti-fraud information between OLAF and national administrations.

Discharge for 2017 budget – EU decentralised agencies and joint undertakings

22-03-2019

During the March II plenary session, Parliament is due to vote on discharge to EU decentralised agencies and joint research undertakings for their implementation of the 2017 budget. The Committee on Budgetary Control (CONT) proposes to grant discharge to all joint undertakings and agencies, save for the European Asylum Support Office whose discharge would be postponed due to serious irregularities.

During the March II plenary session, Parliament is due to vote on discharge to EU decentralised agencies and joint research undertakings for their implementation of the 2017 budget. The Committee on Budgetary Control (CONT) proposes to grant discharge to all joint undertakings and agencies, save for the European Asylum Support Office whose discharge would be postponed due to serious irregularities.

2017 report on protection of the EU's financial interests – Fight against fraud

28-01-2019

In September 2018, the European Commission published its annual report on the fight against fraud affecting EU financial interests in 2017. The total value of the 15 213 irregularities reported in 2017 amounted to €2.58 billion, a decrease of 8.6 % in comparison to 2016. However, the value of the reported fraudulent irregularities amounted to €467 million, representing an increase of 19.4 % in comparison to 2016.

In September 2018, the European Commission published its annual report on the fight against fraud affecting EU financial interests in 2017. The total value of the 15 213 irregularities reported in 2017 amounted to €2.58 billion, a decrease of 8.6 % in comparison to 2016. However, the value of the reported fraudulent irregularities amounted to €467 million, representing an increase of 19.4 % in comparison to 2016.

Customs 2020 and Fiscalis 2020 (2014-2020)

13-12-2018

The Customs 2020 programme was established by Regulation No 1294/2013 and is aimed at supporting the functioning of the customs union. The Fiscalis 2020 programme was established by Regulation No 1286/2013 and is aimed at improving the operation of the taxation systems in the internal market and supporting cooperation between the EU Member States.

The Customs 2020 programme was established by Regulation No 1294/2013 and is aimed at supporting the functioning of the customs union. The Fiscalis 2020 programme was established by Regulation No 1286/2013 and is aimed at improving the operation of the taxation systems in the internal market and supporting cooperation between the EU Member States.

Action for damages against the EU

07-12-2018

Most legal systems, both of states and of international organisations, provide for the liability of public administrations for damage done to individuals. This area of the law, known as 'public tort law', varies considerably from country to country, even within the European Union (EU). The EU Treaties have, from the outset, provided for liability of the EU for public torts (wrongs), in the form of action for damages against the EU, now codified in the second and third paragraphs of Article 340 of ...

Most legal systems, both of states and of international organisations, provide for the liability of public administrations for damage done to individuals. This area of the law, known as 'public tort law', varies considerably from country to country, even within the European Union (EU). The EU Treaties have, from the outset, provided for liability of the EU for public torts (wrongs), in the form of action for damages against the EU, now codified in the second and third paragraphs of Article 340 of the Treaty on the Functioning of the European Union (TFEU). However, these rules are notoriously vague and brief, and refer to the 'general principles common to the laws of the Member States' as the source for the rules of EU public tort law. Since the laws of the Member States on public torts differ significantly, the reference has been treated by the Court of Justice of the European Union (CJEU) as empowerment to develop EU public tort law in its own case law. The rules developed by the CJEU have been criticised by some academics as being very complex, non-transparent and unpredictable. Experts have also pointed out that the threshold of liability is set so high that actions for damages prove successful in very few cases only. According to the data available, from the establishment of the EU until 2014, the Court only actually granted compensation to applicants in 39 cases. As a result, some scholars have even pointed out that the principle of EU liability for public torts is 'illusory' and that action for damages is not an effective means of protecting fundamental rights. Other academics add that the question of establishing the principles of EU public tort law is not merely a technical issue, but a political one, as it touches upon fundamental questions of distributive justice and the form of government in the Union, and therefore should be the subject of democratic debate. This Briefing is one in a series aimed at explaining the activities of the CJEU.

Expedited settlement of commercial disputes

05-12-2018

The value of cross-border civil litigation is estimated at €7.7 billion annually. However, enforcing cross-border commercial contracts in national courts is cumbersome due to often protracted civil proceedings and divergences in national procedural rules. The Legal Affairs Committee suggests to remedy this by creating a European expedited civil procedure, and possibly even establishing a European commercial court. The committee’s legislative-initiative report is due to be debated during the December ...

The value of cross-border civil litigation is estimated at €7.7 billion annually. However, enforcing cross-border commercial contracts in national courts is cumbersome due to often protracted civil proceedings and divergences in national procedural rules. The Legal Affairs Committee suggests to remedy this by creating a European expedited civil procedure, and possibly even establishing a European commercial court. The committee’s legislative-initiative report is due to be debated during the December plenary session.

Protecting the EU budget against generalised rule of law deficiencies

23-11-2018

On 3 May 2018 the Commission put forward a proposal for a regulation on the protection of the Union's budget in the event of generalised deficiencies as regards the rule of law in a Member State. The proposal addresses, from a budgetary perspective, generalised deficiencies as regards the rule of law, including threats to the independence of the judiciary, arbitrary or unlawful decisions by public authorities, limited availability and effectiveness of legal remedies, failure to implement judgments ...

On 3 May 2018 the Commission put forward a proposal for a regulation on the protection of the Union's budget in the event of generalised deficiencies as regards the rule of law in a Member State. The proposal addresses, from a budgetary perspective, generalised deficiencies as regards the rule of law, including threats to the independence of the judiciary, arbitrary or unlawful decisions by public authorities, limited availability and effectiveness of legal remedies, failure to implement judgments, or limitations on the effective investigation, prosecution or sanctions for breaches of law. The proposal provides for the possibility for the Commission to make proposals to the Council on sanctions measures with regard to EU funding. These include suspension of payments, suspension, reduction or even termination of legal commitments (to pay), suspension of programmes, and the transfer of money to other programmes. Such a proposal would be deemed to have been adopted if the Council failed to reject it by a qualified majority. On 17 August 2018, the European Court of Auditors (ECA) delivered its opinion on the proposal and on 3 October 2018, Parliament's co-rapporteurs presented their draft report on the proposal. While sharing the broad objectives put forward by the Commission, they have proposed a number of amendments. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Revision of EU financial rules

28-06-2018

In September 2016, the Commission tabled a proposal for a new Financial Regulation which would replace the current one (together with its Rules of Application), as well as amend 15 other sectoral instruments each containing financial rules. The Commission justifies its proposal by the need to simplify EU financial rules and make them more flexible. In April 2018, the BUDG and CONT committees approved the outcome of trilogue negotiations on the main part of the proposal for a new Financial Regulation ...

In September 2016, the Commission tabled a proposal for a new Financial Regulation which would replace the current one (together with its Rules of Application), as well as amend 15 other sectoral instruments each containing financial rules. The Commission justifies its proposal by the need to simplify EU financial rules and make them more flexible. In April 2018, the BUDG and CONT committees approved the outcome of trilogue negotiations on the main part of the proposal for a new Financial Regulation, and that is expected to be voted in plenary in July 2018. Prior to that, in December 2017, the co-legislators had already adopted part of the proposal relating to the reform of five sectoral regulations within the common agricultural policy. See separate EPRS ‘At a glance’ note on the agricultural part, 2016/0282B(COD). Second 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.

Revision of EU financial rules

27-06-2018

During its July plenary session, the Parliament is expected to approve the compromise text of the new Financial Regulation, following the endorsement of the outcome of trilogue negotiations in April 2018 by the BUDG and CONT committees. Prior to that, in December 2017, the co-legislators already adopted separately the part of the original proposal which related to the reform of five sectoral regulations in the common agricultural policy field.

During its July plenary session, the Parliament is expected to approve the compromise text of the new Financial Regulation, following the endorsement of the outcome of trilogue negotiations in April 2018 by the BUDG and CONT committees. Prior to that, in December 2017, the co-legislators already adopted separately the part of the original proposal which related to the reform of five sectoral regulations in the common agricultural policy field.

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