24

resultat(er)

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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.

Ekstern forfatter

Steve PEERS

De jure versus de facto labour rights in China

20-06-2017

For China, striking the right balance between using its abundant, cheap workforce as a competitive advantage and protecting labour rights has been a major challenge. Although China has developed a considerable body of law governing labour relations, there is still a huge gap between the labour rights on the statute books and those enjoyed by workers in practice. Over-riding economic interests to attract foreign investors and to boost economic growth have seriously undermined effective labour rights ...

For China, striking the right balance between using its abundant, cheap workforce as a competitive advantage and protecting labour rights has been a major challenge. Although China has developed a considerable body of law governing labour relations, there is still a huge gap between the labour rights on the statute books and those enjoyed by workers in practice. Over-riding economic interests to attract foreign investors and to boost economic growth have seriously undermined effective labour rights enforcement. China's vanishing demographic dividend may require a new balance.

The EU and the Aarhus Convention: Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters

17-06-2016

This briefing, commissioned by the Policy Department on Citizens' Rights and Constitutional Affairs for the PETI committee, focuses on the Aarhus Convention, applicable to the EU and to all Member States. The Convention provides for rights to the public to access to information, participation in decision-making and access to justice in environmental matters. The Aarhus Convention Compliance Committee has found several EU Member States as well as the EU itself non-compliant with the Convention. Currently ...

This briefing, commissioned by the Policy Department on Citizens' Rights and Constitutional Affairs for the PETI committee, focuses on the Aarhus Convention, applicable to the EU and to all Member States. The Convention provides for rights to the public to access to information, participation in decision-making and access to justice in environmental matters. The Aarhus Convention Compliance Committee has found several EU Member States as well as the EU itself non-compliant with the Convention. Currently eight EU Member States and the EU are on the list of non-compliant Parties, decided by the Meeting of Parties when endorsing Committee findings. The Committee follows up and reports on whether these Parties are taking sufficient measures to get in compliance. Adequate implementation by EU legislation, monitoring by the Commission and jurisprudence by the EU judiciary are important for effective enjoyment of the Aarhus Convention rights by the public throughout the EU.

Ekstern forfatter

Jonas Ebbesson (Aarhus Convention Compliance Committee)

The European Social Charter in the Context of Implementation of the EU Charter of Fundamental Rights

12-01-2016

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members of the EU and as States parties to the European Social Charter. Various options could be explored to move beyond the current impasse.

Ekstern forfatter

Olivier DE SCHUTTER (University of Louvain - UCL, Belgium)

Adoption: Cross-Border Legal Issues and Gaps in the European Union

15-12-2015

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted ...

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted to the EP on issues relating to adoptions without parental consent involving non-national children and, on the other hand, to provide some background reflections for the legislative own-initiative opinion which the Legal Affairs Committee is preparing.

Adoption: Cross-Border Legal Issues

25-11-2015

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from ...

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from the perspective of the Polish, European and international law". The four other briefings provided background reflections to the second session, focussed on legal issues around "Cross-border recognition of adoptions". They first approached issues of recognition in a general way ("Conflicts and Coordination of Family statuses: Towards their recognition within the EU?"), turned to the "Recognition of intercountry adoptions - practical operation of the 1993 Hague Convention", further looked into limitations of the current EU legal framework and their consequences on free movement of citizens ("Cross-border recognition of domestic adoptions - obstacles to free movement") and finally examined issues around the recognition in the EU of adoptions made under non-EU legal systems ("Recognising child protection measures in the Middle Eastern legal systems as equivalents to adoption - a fresh look on Magrhebian kafala, Iranian sarparasti and Iraqi damm").

Ekstern forfatter

Mathew THORPE, Paweł JAROS, Gian Paolo ROMANO, Laura MARTÍNEZ-MORA, Ruth CABEZA and Nadjma YASSARI

Practices and Approaches in EU Member States to Prevent and End Statelessness

16-11-2015

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. It describes the practices and approaches in all EU Member States as regards the prevention and eradication of statelessness. For that purpose the different national practices are assessed in light of the relevant international and European standards. Since proper mechanisms to identify stateless populations are lacking in a majority of Member ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. It describes the practices and approaches in all EU Member States as regards the prevention and eradication of statelessness. For that purpose the different national practices are assessed in light of the relevant international and European standards. Since proper mechanisms to identify stateless populations are lacking in a majority of Member States, the study addresses the procedures used in determining statelessness and analyses the role of the EU in preventing and reducing statelessness.

Ekstern forfatter

Gerard-René DE GROOT (Maastricht University), Katja SWIDER (University of Amsterdam) and Olivier VONK (Maastricht University and University of Liège)

Understanding definitions of terrorism

06-11-2015

The international community remains divided over a universally acceptable definition of terrorism. Despite broad consensus that the threat of terrorism needs to be addressed urgently, the positions adopted by individual countries, regional and international organisations have resulted in a patchwork of approaches. This is primarily due to diverging views on what constitutes terrorism, as opposed to exercising peoples' right to self-determination, as enshrined in the UN Charter.

The international community remains divided over a universally acceptable definition of terrorism. Despite broad consensus that the threat of terrorism needs to be addressed urgently, the positions adopted by individual countries, regional and international organisations have resulted in a patchwork of approaches. This is primarily due to diverging views on what constitutes terrorism, as opposed to exercising peoples' right to self-determination, as enshrined in the UN Charter.

The data protection regime in China

28-10-2015

This in-depth analysis was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. One cannot talk of a proper data protection regime in China, at least not as it is perceived in the EU. The international data protection fundamentals that may be derived from all relevant regulatory instruments in force today, namely the personal data processing principles and the individual rights to information, access and ...

This in-depth analysis was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. One cannot talk of a proper data protection regime in China, at least not as it is perceived in the EU. The international data protection fundamentals that may be derived from all relevant regulatory instruments in force today, namely the personal data processing principles and the individual rights to information, access and rectification, are not unequivocally granted under Chinese law. An efficient enforcement mechanism, also required under European standards, is equally not provided for. China has no comprehensive data protection act but several relevant sectorial laws that, under a combined reading together with basic criminal and civil law provisions, may add up to a data protection 'cumulative effect'. This assertion is examined and assessed in the analysis that follows. A list of realistic policy recommendations has been drawn up in order to establish whether China’s recent data protection effort is part of a persistent, yet concise, policy.

Ekstern forfatter

Prof. Paul de Hert and Dr. Vagelis Papakonstantinou, Vrije Universiteit Brussel, VUB

Asylum policy in Australia: Between resettlement and deterrence

15-10-2015

Australia has established an asylum policy which has proved highly effective in deterring irregular migrants, but has attracted much criticism from human rights organisations. Its main drivers have been mandatory detention and offshore processing of asylum-seekers.

Australia has established an asylum policy which has proved highly effective in deterring irregular migrants, but has attracted much criticism from human rights organisations. Its main drivers have been mandatory detention and offshore processing of asylum-seekers.

Kommende begivenheder

03-03-2020
Demographic Outlook for the EU in 2020: Understanding population trends in the EU
Anden begivenhed -
EPRS
05-03-2020
Has the EU become a regulatory superpower? How it's rules are shaping global markets
Anden begivenhed -
EPRS

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