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Blockchain and the General Data Protection Regulation

24-07-2019

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can ...

In recent times, there has been much discussion in policy circles, academia and the private sector regarding the tension between blockchains and the European Union’s General Data Protection Regulation (‘GDPR’). Whereas, the GDPR is based on an underlying assumption that in relation to each personal data point there is at least one the data controller, blockchains make the allocation of responsibility and accountability burdensome. Further, although the GDPR is based on the assumption that data can be modified or erased where necessary to comply with legal requirements, blockchains, however, render the unilateral modification of data purposefully onerous in order to ensure data integrity and to increase trust in the network.

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This study was written by Dr Michèle Finck

Use of financial data for preventing and combatting serious crime

19-07-2019

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The ...

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The proposal also aims to strengthen domestic and cross-border exchange of information between EU Member States' competent authorities, including law enforcement authorities and financial intelligence units, as well as with Europol. The provisional agreement reached in February 2019 in interinstitutional negotiations was adopted by the European Parliament on 17 April 2019, followed by the Council on 14 June. On 20 June 2019, the directive was signed into law and then published in the Official Journal on 11 July. Member States have until 1 August 2021 to transpose its provisions into national law.

Detecting and protecting victims of trafficking in hotspots

15-07-2019

This study focuses on the issue of trafficking in human beings in the specific context of hotspots. It analyses the processes in place to facilitate the detection of victims when they arrive by sea on Greek and Italian shores, as well as the protection they are granted.

This study focuses on the issue of trafficking in human beings in the specific context of hotspots. It analyses the processes in place to facilitate the detection of victims when they arrive by sea on Greek and Italian shores, as well as the protection they are granted.

(Non-)replacement of Commissioners elected to EP

03-07-2019

Having been elected to the European Parliament, two current members of the College of Commissioners have resigned as Commissioners in order to take up their seats. As a general rule, a vacancy caused in this way needs to be filled by a new Commissioner of the same nationality – unless the Council unanimously decides otherwise. On 16 June 2019, given the short duration of the remainder of the current Commission’s mandate, the Commission President, Jean-Claude Juncker, proposed not to replace the departing ...

Having been elected to the European Parliament, two current members of the College of Commissioners have resigned as Commissioners in order to take up their seats. As a general rule, a vacancy caused in this way needs to be filled by a new Commissioner of the same nationality – unless the Council unanimously decides otherwise. On 16 June 2019, given the short duration of the remainder of the current Commission’s mandate, the Commission President, Jean-Claude Juncker, proposed not to replace the departing Commissioners.

EU policies – Delivering for citizens: Protection of EU external borders

28-06-2019

The unprecedented arrival of refugees and irregular migrants in the EU, which peaked in 2015, exposed a series of deficiencies and gaps in EU policies on external borders. It affected the functioning of the Schengen rules, leading to the re-introduction of border checks by several Member States. In response to these challenges, as well as the surge in terrorist and serious cross-border crime activities, the EU has embarked on a broader process of reform aimed at strengthening its external borders ...

The unprecedented arrival of refugees and irregular migrants in the EU, which peaked in 2015, exposed a series of deficiencies and gaps in EU policies on external borders. It affected the functioning of the Schengen rules, leading to the re-introduction of border checks by several Member States. In response to these challenges, as well as the surge in terrorist and serious cross-border crime activities, the EU has embarked on a broader process of reform aimed at strengthening its external borders by reinforcing the links between border controls and security. On the one hand, measures for protecting the EU's external borders have focused on reinforcing EU border management rules, such as the Schengen Borders Code, and strengthening and upgrading the mandates of relevant EU agencies, such as Frontex, eu-LISA, Europol and EASO. On the other hand, in connection with a number of key shortcomings in the EU's information systems, efforts were made to improve use of the opportunities offered by information systems and technologies for security, criminal records, and border and migration management. This included strengthening existing IT systems (SIS II, VIS, Eurodac, ECRIS-TCN), establishing new ones (ETIAS, Entry/Exit System) and improving their interoperability. The broader mandate and the increase of activities in the area of EU border management is also reflected in the growing amounts, flexibility, and diversity of EU funds, inside and outside the current and future EU budget. This is an update of an earlier briefing issued in advance of the 2019 European elections.

EU policies – Delivering for citizens: The fight against terrorism

28-06-2019

Faced with a growing international terrorist threat, the European Union (EU) is playing an ever more ambitious role in counter-terrorism. Even though primary responsibility for combating crime and ensuring security lies with the Member States, the EU provides cooperation, coordination and (to some extent) harmonisation tools, as well as financial support, to address this borderless phenomenon. Moreover, the assumption that there is a connection between development and stability, as well as between ...

Faced with a growing international terrorist threat, the European Union (EU) is playing an ever more ambitious role in counter-terrorism. Even though primary responsibility for combating crime and ensuring security lies with the Member States, the EU provides cooperation, coordination and (to some extent) harmonisation tools, as well as financial support, to address this borderless phenomenon. Moreover, the assumption that there is a connection between development and stability, as well as between internal and external security, has come to shape EU action beyond its own borders. EU spending in the area of counter-terrorism has increased over the years and is set to grow in the future, to allow for better cooperation between national law enforcement authorities and enhanced support by the EU bodies in charge of security, such as Europol and eu-LISA. Financing for cooperation with third countries has also increased, including through the Instrument contributing to Stability and Peace. The many new rules and instruments that have been adopted since 2014 range from harmonising definitions of terrorist offences and sanctions, and sharing information and data, to protecting borders, countering terrorist financing, and regulating firearms. To evaluate the efficiency of the existing tools and identify gaps and possible ways forward, the European Parliament set up a Special Committee on Terrorism (TERR), which delivered its report in November 2018. TERR made extensive recommendations for immediate or longer term actions aiming to prevent terrorism, combat its root causes, protect EU citizens and assist victims in the best possible way. In line with these recommendations, future EU counterterrorism action will most probably focus on addressing existing and new threats, countering radicalisation – including by preventing the spread of terrorist propaganda online – and enhancing the resilience of critical infrastructure. Foreseeable developments also include increased information sharing, with planned interoperability between EU security- and border-related databases, as well as investigation and prosecution of terrorist crimes at EU level, through the proposed extension of the mandate of the recently established European Public Prosecutor's Office. This is an update of an earlier briefing issued in advance of the 2019 European elections.

Key issues in the European Council

20-06-2019

The European Council Oversight Unit within the European Parliamentary Research Service (EPRS) monitors and analyses the activities, commitments and impact of the European Council, so as to maximize parliamentary understanding of the political dynamics of this important institution. This new EPRS publication, 'Key issues in the European Council', which will be updated quarterly to coincide with European Council meetings, aims to provide an overview of the institution’s activities on major EU issues ...

The European Council Oversight Unit within the European Parliamentary Research Service (EPRS) monitors and analyses the activities, commitments and impact of the European Council, so as to maximize parliamentary understanding of the political dynamics of this important institution. This new EPRS publication, 'Key issues in the European Council', which will be updated quarterly to coincide with European Council meetings, aims to provide an overview of the institution’s activities on major EU issues. It analyses nine policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council. It also assesses the results of European Council involvement to date and identifies future challenges in the various policy fields.

Outlook for the European Council and Euro Summit meetings, 20-21 June 2019

19-06-2019

The June 2019 European Council will discuss, and potentially agree on, high-level appointments to EU institutions and adopt the 2019-2024 strategic agenda. Other agenda topics are the next Multiannual Financial Framework (MFF), the EU’s common climate ambition, disinformation, enlargement and foreign policy issues, including relations with Russia. EU-27 leaders will meet for a Euro Summit in extended format to discuss the report submitted by the Eurogroup on EMU reforms.

The June 2019 European Council will discuss, and potentially agree on, high-level appointments to EU institutions and adopt the 2019-2024 strategic agenda. Other agenda topics are the next Multiannual Financial Framework (MFF), the EU’s common climate ambition, disinformation, enlargement and foreign policy issues, including relations with Russia. EU-27 leaders will meet for a Euro Summit in extended format to discuss the report submitted by the Eurogroup on EMU reforms.

Interoperability between EU border and security information systems

14-06-2019

To enhance EU external border management and internal security, the European Commission has made several proposals to upgrade and expand European border and security information systems. As part of a broader process to maximise their use, the Commission presented legislative proposals for two regulations in December 2017 (amended in June 2018), establishing an interoperability framework between EU information systems on borders and visas, and on police and judicial cooperation, asylum and migration ...

To enhance EU external border management and internal security, the European Commission has made several proposals to upgrade and expand European border and security information systems. As part of a broader process to maximise their use, the Commission presented legislative proposals for two regulations in December 2017 (amended in June 2018), establishing an interoperability framework between EU information systems on borders and visas, and on police and judicial cooperation, asylum and migration. After completion of the legislative procedure at first reading in the Parliament and in the Council, the final acts were signed by the co-legislators on 20 May 2019 and published in the Official Journal two days later. Both acts came into force on 11 June 2019. The new rules aim to improve checks at the EU’s external borders, allow for better detection of security threats and identity fraud, and help in preventing and combating irregular migration. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Recasting the Return Directive

14-06-2019

The Return Directive is the main piece of EU legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of the EU return policy. Taking into account the decrease in the EU return rate (45.8 % in 2016 and 36.6 % in 2017), and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of the EU return policy, in September 2018, the Commission proposed a targeted ...

The Return Directive is the main piece of EU legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of the EU return policy. Taking into account the decrease in the EU return rate (45.8 % in 2016 and 36.6 % in 2017), and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of the EU return policy, in September 2018, the Commission proposed a targeted recast of the directive aiming to 'reduce the length of return procedures, secure a better link between asylum and return procedures and ensure a more effective use of measures to prevent absconding'. In the 2014-2019 parliamentary term, the Civil Liberties, Justice and Home Affairs Committee discussed some 654 amendments to the proposal, tabled in February 2019 following the publication of the rapporteur's draft report. However, since the committee did not adopt a report at that time, the new Parliament will have to decide how to approach the file (with a new rapporteur). In the meantime, the Council has reached a partial general approach on the proposal. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

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