52

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Mutual recognition of goods

25-04-2019

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product ...

The revision of the regulation on mutual recognition of goods was announced in the 2015 Single Market Strategy. The Commission adopted its proposal in December 2017, which aimed to revise previous rules dating from 2008. This regulation aims to improve the rules governing the trade of goods in the single market. Intra-EU trade remains twice as big as extra-EU trade, and is rising constantly. This is, in large part, due to free movement of goods in the EU, which is based on either harmonised product rules at the EU level or, where there are no harmonised rules, the principle of mutual recognition under which goods lawfully marketed in one Member State may be sold in another Member State. The proposal addressed a number of shortcomings in the application of the mutual recognition principle. A provisional agreement between the co-legislators was reached on 22 November 2018. The text was adopted in plenary in February 2019. The new rules will improve collaboration among national authoritites and enhance the role of national product contact points. They will introduce a faster problem-solving procedure for disputes between companies and national authorities, as well as a new voluntary declaration to be filled in by economic operators to prove lawful marketing in an EU Member State. The new rules will apply from 19 April 2020. Fourth 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.

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.

Article 17 TFEU: The EU institutions’ dialogue with churches, religious and philosophical organisations

05-11-2018

On the basis of Article 17 of the Treaty on the Functioning of the European Union (TFEU), the European institutions hold high-level meetings, or working dialogue seminars, on an annual basis with churches and non-confessional and philosophical organisations. This dialogue, focused on issues upon the European agenda, can be traced back to earlier initiatives, such as that launched in 1994 by Jacques Delors – 'A Soul for Europe' – which opened the way to encompass ethical and spiritual aspects of European ...

On the basis of Article 17 of the Treaty on the Functioning of the European Union (TFEU), the European institutions hold high-level meetings, or working dialogue seminars, on an annual basis with churches and non-confessional and philosophical organisations. This dialogue, focused on issues upon the European agenda, can be traced back to earlier initiatives, such as that launched in 1994 by Jacques Delors – 'A Soul for Europe' – which opened the way to encompass ethical and spiritual aspects of European integration. The draft Constitutional Treaty of 2004 included provisions on regular, open and transparent dialogue between EU institutions, representatives of churches and religious communities, and of non-confessional or philosophical communities. Although the Constitutional Treaty was rejected in French and Dutch referenda, its successor, the Lisbon Treaty adopted in 2007 and in force since December 2009, preserved the same provisions in Article 17 TFEU. The European Parliament has adopted numerous resolutions in defence of the principles of freedom of religion and belief as well as religious pluralism and tolerance, and stressed the importance of constant dialogue among, and with, religious as well as non-confessional and philosophical communities. It has regularly organised dialogue sessions within the framework of Article 17 TFEU on subjects of interest for the EU and its citizens. This is a further updated version of a briefing published in January 2018.

The role of the European Council in internal security policy

11-10-2018

Due to the various terrorist attacks across the EU in recent years, internal security and the fight against terrorism have become major concerns for EU citizens as well as for the EU Heads of State or Government. The European Council has a significant Treaty-based role to play in the area of justice and home affairs, including on policy issues such as the fight against terrorism and organised crime, police cooperation and cybersecurity, often subsumed under the concept ‘internal security’. In recent ...

Due to the various terrorist attacks across the EU in recent years, internal security and the fight against terrorism have become major concerns for EU citizens as well as for the EU Heads of State or Government. The European Council has a significant Treaty-based role to play in the area of justice and home affairs, including on policy issues such as the fight against terrorism and organised crime, police cooperation and cybersecurity, often subsumed under the concept ‘internal security’. In recent years it has carried out this strategic role on various occasions but sometimes in a more reactive way often in the aftermath of major terrorist attacks. The paper also shows that while the policy fields of internal security and migration were usually clearly separated in European Council discussions, the two areas are now increasingly linked, in particular by the subject of external EU border protection. The Salzburg summit of 20 September 2018 is an example for this and also illustrates a recent trend of EU Presidencies to bring together EU Heads of State or Government in their country to discuss policy topics at the top of their own agendas.