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The Commission demonstrates that the Schengen area has experienced considerable challenges in recent years and makes a convincing case for the need to act. It made an effort to substantiate the initiative and to consult widely. The IA is transparent about the lack of data, which results in a predominantly qualitative analysis. However, the presentation of options leaves, in fact, only the choice of the preferred option. Moreover, one would have expected a more in-depth assessment of impacts – a point ...

While the Commission makes the case for advancing the digitalisation of judicial cooperation, and while the IA supporting this initiative received a positive opinion from the RSB, it does nevertheless appear weak on several points. The Commission corroborates its problem definition using several recent sources and data. The Commission conducted several stakeholder consultation activities, for some of which, more specific information would have been useful. Stakeholder views are reflected in the IA ...

This briefing provides an initial analysis of the strengths and weaknesses of the Commission’s impact assessment (IA) accompanying the above-mentioned proposal, submitted on 14 July 2021 and referred to the European Parliament’s Committee on Industry, Research and Energy (ITRE). The proposal for a recast Energy Efficiency Directive (EED) is part of the Commission’s ‘Fit for 55’ package that aims to adapt EU law to the new EU objective of a minimum 55 % reduction in greenhouse gas (GHG) emissions ...

Strengthening Europol’s mandate

Briefing 20-07-2021

Europol has been at the forefront of fighting serious and organised crime in the EU. However, with digital transformations and a global interconnectedness emerging, security threats have become more complex. Against this background, the Commission has published a recast proposal of the Europol Regulation with the objective of, inter alia, (1) enabling Europol to support Member States and their investigations through big data analysis; (2) enabling Europol to directly exchange data with private parties ...

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of ...

This briefing analyses the strengths and weaknesses of the IA accompanying the Commission proposal on better cooperation in the area of taxation of digital platform sellers’ revenues. The IA’s strengths are an overall good problem definition, solid research quality and full transparency regarding the scarcity of relevant data, as well as regarding the methods and assumptions underlying the analysis. Weaknesses concern the objectives of the initiative, which could have been more specific, and the ...

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the ...

The Federal Republic of Germany has a parliamentary system consisting of the Bundestag and the Bundesrat, established in 1949. The Bundestag is the main legislative body, which determines all laws at federal level. It does so with the participation of a ‘second chamber’, the Bundesrat, which represents the 16 constituent states (Bundesländer). Competencies are shared between the Federation and the Länder, with the Länder having the right to legislate insofar as the Grundgesetz (Basic Law) does not ...

On 12 September 2018, the European Commission published a proposal for a recasting of the 2008 Return Directive, which stipulates common standards and procedures in Member States for returning irregular migrants who are non-EU nationals. Effectively returning irregular migrants is one of the key objectives of the European Union’s migration policy. However, Member States currently face challenges: national practices implementing the EU rules vary and the overall return rates remain below expectations ...

With the future (1) Rights and Values, (2) Justice and (3) Creative Europe programmes, the European Commission aims to protect better EU rights and values; to develop further a European area of justice; and to support European cultural and creative sectors and audiovisual works under the 2021-2027 multiannual financial framework. This initial appraisal of the Commission’s impact assessment on the proposal finds that the impact assessment is substantiated by various evaluations, studies and consultations ...