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The principles of equality and non-discrimination, a comparative law perspective - Canada

26-11-2020

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World ...

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World War II era and were expanded and consolidated in the 1960s and 1970s. Constitutional reforms in the 1980s enshrined equality in the Canadian Charter of Rights and Freedoms. Since then, equality jurisprudence has expanded the interpretation of discrimination to include direct, indirect and systemic discrimination. Courts have rejected formal equality to embrace expansive notions of substantive equality in interpreting constitutional protections. Even with such strides over the last decades towards robust equality and non-discrimination principles and protections, just and effective implementation of their promise remains a pressing challenge for Canada.

Údar seachtarach

Professor Colleen SHEPPARD, Professor of Law, Faculty of Law, McGill University

Asylum procedures at the border

13-11-2020

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 ...

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 an application is feasible. Furthermore, applicants are placed in detention or restricted in their freedom of movement without considering alternatives and deprived of opportunities to effectively exercise their procedural rights. A number of recommendations are made to address the shortcomings identified in future legal and practical arrangements for border procedures.

Corporate due diligence and corporate accountability

20-10-2020

This study analyses the potential European Added Value of a measure requiring companies to carry out due diligence on social, environmental and governance risks in their own operations and supply chain. There is evidence of human rights violations and environmental negative impacts related to business activities. This measure could increase firm compliance to international principles of responsible business conduct, increase access to remedy for victims, improve legal certainty and create a level ...

This study analyses the potential European Added Value of a measure requiring companies to carry out due diligence on social, environmental and governance risks in their own operations and supply chain. There is evidence of human rights violations and environmental negative impacts related to business activities. This measure could increase firm compliance to international principles of responsible business conduct, increase access to remedy for victims, improve legal certainty and create a level playing field for businesses. This study reviews possible sources of costs and benefits for companies and, based on original analysis, suggests that stronger environmental and social accountability practices could contribute to improving EU firms' performance. From a qualitative analysis, it suggests a potential significant impact in addressing risks of environmental damages and human rights violations in global value chains, thus supporting EU commitment to human rights and environmental protection.

Plenary round-up – Brussels, October I 2020

09-10-2020

During the first October 2020 plenary session in Brussels, Parliament held a debate on the rule of law and fundamental rights in the context of introducing conditionality measures in the framework of the 2021 2027 multiannual financial framework (MFF) and Next Generation EU. In parallel, Parliament's negotiating team on the next MFF announced a pause in talks, due to concerns over the Council's lack of engagement on the key issue of top-ups for 15 flagship EU programmes. Parliament also discussed ...

During the first October 2020 plenary session in Brussels, Parliament held a debate on the rule of law and fundamental rights in the context of introducing conditionality measures in the framework of the 2021 2027 multiannual financial framework (MFF) and Next Generation EU. In parallel, Parliament's negotiating team on the next MFF announced a pause in talks, due to concerns over the Council's lack of engagement on the key issue of top-ups for 15 flagship EU programmes. Parliament also discussed the conclusions of the special European Council meeting of 1 2 October and the preparations for the next regular European Council meeting, on 15 16 October 2020. Parliament approved the allocation of new responsibilities to Executive Vice-President of the Commission Valdis Dombrovskis and approved the appointment of Mairead McGuinness as member of the European Commission. Parliament also debated the role of the European Supervisory Authorities in the Wirecard scandal, on the fight against money laundering, following the FinCEN revelations, and on the impact of the Covid 19 outbreak on long-term care facilities. Parliament debated statements from the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Josep Borell, on the resumption of hostilities between Armenia and Azerbaijan in the Nagorno-Karabakh conflict, on the EU diplomatic mission in Venezuela, and on the situation in Iran.

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).

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

30-09-2020

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring ...

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring and enforcement of EU values. An approximation of its potential positive effects on the EU economy indicates annual gains of €413 billion corresponding to 3.3 % of EU GDP, far outweighing the costs of its development.

Evaluating the EU’s Response to the US Global Gag Rule

30-09-2020

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, maps out the challenges the European Union faces in promoting sexual and reproductive health and rights and the prevention of gender based violence in its external action, especially in providing aid to developing countries against the backdrop of US Global Gag Rules.

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, maps out the challenges the European Union faces in promoting sexual and reproductive health and rights and the prevention of gender based violence in its external action, especially in providing aid to developing countries against the backdrop of US Global Gag Rules.

Údar seachtarach

Clara COTRONEO, Petra JENEY, European Institute of Public Administration

EU External Migration Policy and the Protection of Human Rights

28-09-2020

This in-depth analysis focuses on the human rights implications of EU external migration policy interventions: (1) identifying human rights obligations owed to third-country nationals when engaging in cooperation with third countries and non-EU actors; (2) assessing the means and level of compliance with these obligations when designing and implementing the main policy instruments; and (3) determining the existence and adequacy of operational, reporting, monitoring and accountability mechanisms available ...

This in-depth analysis focuses on the human rights implications of EU external migration policy interventions: (1) identifying human rights obligations owed to third-country nationals when engaging in cooperation with third countries and non-EU actors; (2) assessing the means and level of compliance with these obligations when designing and implementing the main policy instruments; and (3) determining the existence and adequacy of operational, reporting, monitoring and accountability mechanisms available in each case to track and respond to potential violations. Particular attention is paid to soft-law tools, on account of their enhanced potential to erode the enforceability of obligations, to downgrade democratic accountability and generally undermine the rule of law. Paving the way for the New Pact on Migration and Asylum, special emphasis is placed on cooperation under the Global Approach to Migration and Mobility, the EU Agenda on Migration and the Migration Partnership Framework, including informal arrangements concluded by Frontex or by the Member States themselves. Four case studies guide the analysis and illustrate findings: (1) the EU-Turkey Statement; (2) the multi-modal cooperation with Libya; (3) the Joint Way Forward with Afghanistan; and (4) collaboration with Niger under the EUCAP Sahel mission. The in-depth analysis reveals that the full effect of the EU fundamental rights acquis in extra-territorial situations has not been duly accounted for and proposes a system to ensure compliance with the relevant standards covering the pre-conclusion, design, adoption, implementation, evaluation and review phases, highlighting the role of the European Parliament and civil society organisations.

Údar seachtarach

Dr Violeta MORENO-LAX,

Protecting EU common values within the Member States: An overview of monitoring, prevention and enforcement mechanisms at EU level

25-09-2020

This study analyses the existing and proposed mechanisms available to the institutions of the EU that may be deployed in order to monitor and enforce the observance of EU values by the Member States. More specifically, the study addresses the status and meaning of EU values (Article 2 TEU) and also discusses existing monitoring and preventive mechanisms (European Semester, EU Justice Scoreboard, Commission's rule of law framework, the Council's dialogues on the rule of law, and the preventive arm ...

This study analyses the existing and proposed mechanisms available to the institutions of the EU that may be deployed in order to monitor and enforce the observance of EU values by the Member States. More specifically, the study addresses the status and meaning of EU values (Article 2 TEU) and also discusses existing monitoring and preventive mechanisms (European Semester, EU Justice Scoreboard, Commission's rule of law framework, the Council's dialogues on the rule of law, and the preventive arm of Article 7 TEU) and enforcement mechanisms (preliminary reference rulings, infringement procedures and the sanctions arm of Article 7 TEU)). It also analyses a number of proposed mechanisms: the pact on democracy, the rule of law and fundamental rights; rule of law review cycle; reviewed Council dialogues on the rule of law; and the rule of law budgetary conditionality.

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.

Imeachtaí atá ar na bacáin

15-04-2021
End the Cage Age - European Citizens' Initiative
Imeacht eile -
AGRI PETI
15-04-2021
The effectiveness and visibility of EDES - Early Detection and Exclusion System
Éisteacht -
CONT
15-04-2021
The challenges of genome editing in plants, with a focus on crops (online event)
Ceardlann -
STOA

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