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Article 50 TEU in practice: How the EU has applied the 'exit' clause

17-11-2020

The United Kingdom's 2016 referendum on EU membership triggered the first ever application of Article 50 of the Treaty on European Union (TEU), the withdrawal clause. However, as Article 50 TEU had never been tested, some aspects of the procedure had to be defined in real time, a process that was not without controversy. This EPRS In-depth Analysis looks at how the EU has applied the 'exit clause' that sets out the conditions and procedure to be followed in the event of a Member State wishing to ...

The United Kingdom's 2016 referendum on EU membership triggered the first ever application of Article 50 of the Treaty on European Union (TEU), the withdrawal clause. However, as Article 50 TEU had never been tested, some aspects of the procedure had to be defined in real time, a process that was not without controversy. This EPRS In-depth Analysis looks at how the EU has applied the 'exit clause' that sets out the conditions and procedure to be followed in the event of a Member State wishing to leave the Union. Looking first at the origins and the main features of the withdrawal clause, the paper then emphasises the way in which the Union filled in certain gaps left open in the drafting of Article 50 TEU and took the lead in establishing the main parameters for the withdrawal negotiations with the UK. It also analyses the European Parliament's success in forging a more substantial role in the withdrawal negotiations than that originally assigned to it by the Treaties.

40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child

06-11-2020

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of ...

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of view, how the parents and children see the process. The paper concludes that in order to protect the interest of the child, the 1980 Convention should be maintained with restricted exceptions, but more should be done in terms of prevention. The new measures should include, in particular, harmonisation of the relocation proceedings and principles, enforceability of mediation agreements, and increasing of the autonomy of the parties through the inclusion of residence and custody plans in prenuptial agreements.

Parlamendiväline autor

Adriana DE RUITER

THE CHILD PERSPECTIVE IN THE CONTEXT OF THE 1980 HAGUE CONVENTION

31-10-2020

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical ...

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical research relating to the effects and consequences of child abduction to discuss the opportunities for children and young people to participate within Convention proceedings, and highlights the international obligations for such participation within the United Nations Convention on the Rights of the Child, The Charter of Fundamental Rights of the European Union, and other regional instruments. Different jurisdictional approaches are explained, and the role of culture in this context is probed. The impact of COVID-19 on abducted children is also explored.

Parlamendiväline autor

Marilyn FREEMAN

Strengthening transparency and integrity via the new ‘Independent Ethics Body’ (IEB)

31-10-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, provides an overview of transparency and integrity-related elements in the current EU setting, covering both substantive elements (including, in particular, conflict of interest and revolving-doors) as well as the body in charge of ethical control and guidance. Based on a comparison covering France, Ireland and Canada, this study proposes an ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, provides an overview of transparency and integrity-related elements in the current EU setting, covering both substantive elements (including, in particular, conflict of interest and revolving-doors) as well as the body in charge of ethical control and guidance. Based on a comparison covering France, Ireland and Canada, this study proposes an ‘Independent Ethics Body’ (IEB) via a new interinstitutional agreement.

Parlamendiväline autor

FRISCHHUT Markus

The functioning of the Internal Market for Digital Services: responsibilities and duties of care of providers Challenges and opportunities

29-10-2020

The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

Parlamendiväline autor

Prof. Dr Jan Bernd NORDEMANN.

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

26-10-2020

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

Parlamendiväline autor

Roberta Landi

Environmental liability of companies’ Selected Possible Amendments of the ELD

26-10-2020

This in depth analysis explores different possibilities of updating the ELD directive in relation to the environmental responsibility of companies and seeks to highlight the basic policy choices and options in order to ensure a high protection of the environment

This in depth analysis explores different possibilities of updating the ELD directive in relation to the environmental responsibility of companies and seeks to highlight the basic policy choices and options in order to ensure a high protection of the environment

Parlamendiväline autor

Lucas BERGKAMP

An EU framework for artificial intelligence

14-10-2020

European Union (EU) lawmakers are reflecting on how to best legislate for the use of artificial intelligence (AI) technology, seeking to maximise EU citizens' opportunities to benefit from the technology, while regulating against the risks. Parliament is due to vote in its October II plenary session on three own-initiative reports from the Legal Affairs Committee (JURI) in the areas of ethics, civil liability, and intellectual property (IP).

European Union (EU) lawmakers are reflecting on how to best legislate for the use of artificial intelligence (AI) technology, seeking to maximise EU citizens' opportunities to benefit from the technology, while regulating against the risks. Parliament is due to vote in its October II plenary session on three own-initiative reports from the Legal Affairs Committee (JURI) in the areas of ethics, civil liability, and intellectual property (IP).

The Effectiveness of Conflict of Interest Policies in the EU- Member States

07-10-2020

This comparative study - commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs - analyses the effectiveness of relevant rules, policies and practices within Member States regarding conflict of interest for top political appointment (Head of Government, Ministers and other high ranking officials). The research highlights the theoretical and practical aspects of the notion of conflict of interest, giving some policy recommendations

This comparative study - commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs - analyses the effectiveness of relevant rules, policies and practices within Member States regarding conflict of interest for top political appointment (Head of Government, Ministers and other high ranking officials). The research highlights the theoretical and practical aspects of the notion of conflict of interest, giving some policy recommendations

Parlamendiväline autor

Christoph DEMMKE; Maros PAULINI; Jari AUTIONIEMI; Florian LENNER

An EU mechanism on democracy, the rule of law and fundamental rights

02-10-2020

Article 2 of the Treaty on European Union (TEU) enshrines the Union's founding values. As these shared values are binding on Member States and the European Union (EU) institutions, several mechanisms have been created to promote them and ensure they are respected. EU institutions have made several proposals to strengthen the mechanisms. Parliament is due to vote during the October I plenary session on a legislative-initiative report proposing to integrate and reinforce them through an EU mechanism ...

Article 2 of the Treaty on European Union (TEU) enshrines the Union's founding values. As these shared values are binding on Member States and the European Union (EU) institutions, several mechanisms have been created to promote them and ensure they are respected. EU institutions have made several proposals to strengthen the mechanisms. Parliament is due to vote during the October I plenary session on a legislative-initiative report proposing to integrate and reinforce them through an EU mechanism on democracy, the rule of law and fundamental rights (DRF).

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