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The CJEU judgment in the Schrems II case

15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on SCCs must ensure that the data subject is granted a level of protection essentially equivalent to that guaranteed by the General Data Protection Regulation (GDPR) and the EU Charter of Fundamental Rights (CFR) – if necessary with additional measures to compensate for lacunae in protection of third-country legal systems. Failing that, operators must suspend the transfer of personal data outside the EU.

Police Information Exchange - The future developments regarding Prüm and the API Directive

15-09-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

Auteur externe

Dr Niovi VAVOULA, Queen Mary University of London

Addressing violations of democracy, the rule of law and fundamental rights

11-09-2020

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More ...

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More generally, the EU's response to DRF violations has so far not comprehensively tackled the problem. The status quo can result in impunity for criminal activities, as prosecutors are unwilling or unable to take on certain cases, as well as violations of human dignity and fundamental rights. It also denies opportunities for individuals to live out their human potential, and take advantage of economic opportunities, as well as eroding the basis for mutual trust among national administrative and judicial authorities. This Briefing puts forward a set of proposals aimed at enhancing the EU's resilience to DRF violations. It focuses in particular on possibilities for the European Parliament and national parliaments, with their dual mandate from EU citizens, to jointly strengthen their monitoring and investigative capabilities. In particular, they could build on their general resources to evaluate the implementation of (EU) law and further coordinate their tools to ensure the democratic accountability of Member State governments.

Free movement within the EU

11-09-2020

The coronavirus outbreak and the measures taken to counter it have had a profound impact on the free movement of people, goods, services and capital in the European Union (the 'four freedoms'). The uncoordinated border restrictions introduced by Member States in the initial phase of their efforts to halt the spread of the virus all but suspended the free movement of people and greatly affected the free movement of goods and services, causing considerable disruption to the European single market. ...

The coronavirus outbreak and the measures taken to counter it have had a profound impact on the free movement of people, goods, services and capital in the European Union (the 'four freedoms'). The uncoordinated border restrictions introduced by Member States in the initial phase of their efforts to halt the spread of the virus all but suspended the free movement of people and greatly affected the free movement of goods and services, causing considerable disruption to the European single market. The Union responded to this emergency with a series of immediate measures aimed at limiting the effects of the crisis, preventing shortages of essential goods, and ensuring a coordinated return to normal. The pandemic has exposed pre-existing shortcomings in the implementation of freedom of movement in the EU. It has also highlighted the importance of free movement, necessary for the provision of essential goods, and based on closely integrated supply chains and the key contributions of mobile workers. The immediate measures will need to be backed by more sustained and structural changes to fully 'reboot' free movement in the EU. Improved implementation of free movement will be key to achieving faster and stronger recovery of economies and societies, based on closer European integration and a deeper single market.

Policy Departments' Monthly Highlights - September 2020

11-09-2020

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Understanding the EU response to organised crime

31-08-2020

The EU has made substantial progress in terms of protecting its citizens since the early 1990s, often in response to dramatic incidents, such as mafia or other organised crime group murders, big money-laundering scandals, a steep increase in migrant smuggling and trafficking in human beings following the 2015 migration crisis, or – more recently – a sharp rise in cybercrime, fraud and counterfeiting during the coronavirus pandemic. Criminal organisations continue to pose big risks to the internal ...

The EU has made substantial progress in terms of protecting its citizens since the early 1990s, often in response to dramatic incidents, such as mafia or other organised crime group murders, big money-laundering scandals, a steep increase in migrant smuggling and trafficking in human beings following the 2015 migration crisis, or – more recently – a sharp rise in cybercrime, fraud and counterfeiting during the coronavirus pandemic. Criminal organisations continue to pose big risks to the internal security of the EU. A rising number of organised crime groups are active in its territory, often with cross-border reach. Organised crime is furthermore an increasingly dynamic and complex phenomenon, with new criminal markets and modi operandi emerging under the influence of globalisation and – in particular – new technologies. While the impact of serious and organised crime on the EU economy is considerable, there are also significant political and social costs, as well as negative effects on the wellbeing of EU citizens. As organised crime has become more interconnected, international and digital, Member States – which remain responsible for operational activities in the area of police and judicial cooperation – increasingly rely on cross-border and EU-level cooperation to support their law enforcement authorities on the ground. Recognising the severity of the problem and the need for coordinated action, the EU has initiated several measures to encourage closer cooperation between Member States and adopted common legal, judicial and investigative frameworks to address organised crime. Parliament has made fighting organised crime a political priority and has helped shape the relevant EU legislation. Future EU action will focus on implementing existing rules, improving operational cooperation – even beyond the EU’s boundaries – and information-sharing, as well as addressing some of the main criminal activities of organised crime groups. Furthermore, the EU aims to make sure that crime does not pay.

Artificial Intelligence and Law Enforcement - Impact on Fundamental Rights

15-07-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the impact on fundamental rights of Artificial Intelligence in the field of law enforcement and criminal justice, from a European Union perspective. It presents the applicable legal framework (notably in relation to data protection), and analyses major trends and key policy discussions. The study also considers developments following ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the impact on fundamental rights of Artificial Intelligence in the field of law enforcement and criminal justice, from a European Union perspective. It presents the applicable legal framework (notably in relation to data protection), and analyses major trends and key policy discussions. The study also considers developments following the Covid-19 outbreak. It argues that the seriousness and scale of challenges may require intervention at EU level, based on the acknowledgement of the area’s specificities.

Auteur externe

Prof. Dr. Gloria GONZÁLEZ FUSTER, Vrije Universiteit Brussel (VUB)

Organised Property Crime in the EU

14-07-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), aims to provide information on Organised Property Crime in the EU, by offering a strategic discussion on the Union policies on this topic and highlighting key recommendations for future action. The study proposes a holistic approach to the problem, adding new elements to existing measures.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), aims to provide information on Organised Property Crime in the EU, by offering a strategic discussion on the Union policies on this topic and highlighting key recommendations for future action. The study proposes a holistic approach to the problem, adding new elements to existing measures.

Auteur externe

Ernesto U. SAVONA, Director of Transcrime (Joint Research Centre on Transnational Crime) Università Cattolica del Sacro Cuore, Milan (www.transcrime.it) Matteo ANASTASIO, Sant’Anna School of Advanced Studies and intern at Transcrime-Università Cattolica del Sacro Cuore, Milan

The Return Directive 2008/115/EC

07-07-2020

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 ...

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 fundamental rights and dignity of the people concerned. Tineke Strik (Greens/EFA, the Netherlands) was appointed as rapporteur. Implementation reports by European Parliament committees are routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Evaluation Unit of the European Parliament's Directorate-General for Parliamentary Research Services (EPRS). This EPRS European Implementation Assessment finds several protection gaps and shortcomings regarding the four key measures of the Return Directive – return decision, enforcement of the return decision, entry ban, and detention – which may lead to fundamental rights violations for irregular migrants. Moreover, EU return and readmission policy has increasingly resorted to informal cooperation in the external policy dimension. There have been, and continue to be, rule of law, fundamental rights, budgetary and external affairs implications flowing from the pursuit, conclusion and implementation of EU readmission agreements and agreements having equivalent effect with third countries.

Rapport 2018 sur la protection des intérêts financiers de l’Union européenne – lutte contre la fraude

06-07-2020

En octobre 2019, la Commission européenne a publié son rapport annuel sur la lutte contre la fraude portant atteinte aux intérêts financiers de l’Union en 2018. Au total, 11 638 irrégularités frauduleuses et non frauduleuses ont été signalées à la Commission en 2018, soit 25 % de moins qu’en 2017. Leur montant s’élevait à environ 2,5 milliards d’euros, un chiffre stable par rapport à l’année précédente. La commission du contrôle budgétaire a adopté un rapport sur le rapport annuel de la Commission ...

En octobre 2019, la Commission européenne a publié son rapport annuel sur la lutte contre la fraude portant atteinte aux intérêts financiers de l’Union en 2018. Au total, 11 638 irrégularités frauduleuses et non frauduleuses ont été signalées à la Commission en 2018, soit 25 % de moins qu’en 2017. Leur montant s’élevait à environ 2,5 milliards d’euros, un chiffre stable par rapport à l’année précédente. La commission du contrôle budgétaire a adopté un rapport sur le rapport annuel de la Commission, qui sera soumis à un vote lors de la session plénière de juillet.

Evénements à venir

21-09-2020
How to secure access to COVID-19 vaccines for EU citizens
Audition -
ENVI ITRE
21-09-2020
Women on Boards
Audition -
FEMM
23-09-2020
EPRS online policy roundtable: The United Nations at 75
Autre événement -
EPRS

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