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Single market information tool (SMIT)

06-05-2019

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes ...

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes sold), and to address market failures in a more efficient way. The SMIT, however, has raised some criticism in the Council and EP, inter alia, because of the Commission’s choice of the legal basis for the proposal. Parliament’s Legal Service stated in an opinion that the correct legal basis for the Commission proposal is Article 337 TFEU: a legal basis which gives no legislative role for the EP. On 12 July 2018, the IMCO committee adopted a report which would amend the proposal’s legal basis. The JURI committee subsequently adopted an opinion stating that the Commission proposal goes beyond the powers available under the proposed revised legal basis. The report was initially due to be voted in plenary in October 2018, but was taken off the agenda. As the parliamentary term has concluded, the report has now lapsed. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Body of European Regulators for Electronic Communications (BEREC)

31-01-2019

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to meet end-user interests, and also developing common ...

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to meet end-user interests, and also developing common approaches to deliver peer-reviewed opinions on draft national measures (e.g. radio spectrum assignments) and on cross-border disputes. In June 2018, Parliament and Council found a compromise in trilogue. The BEREC office will have legal personality, but not BEREC itself, which remains a body of NRAs. Parliament and Council also agreed on giving new tasks to BEREC and on moving from simple majority to two-thirds majority for key decisions of the Board of Regulators and of the Management Board. The final act was signed on 10 December 2018, and entered into force on 20 December 2018. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Free flow of non-personal data in the European Union

25-01-2019

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, representing 4 % of EU GDP by 2020. On 13 ...

One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, representing 4 % of EU GDP by 2020. On 13 September 2017, the Commission tabled a proposal for a regulation aimed at removing obstacles to the free movement of non-personal data across borders. It focuses on removing the geographical restrictions on data storage in the internal market, a move long demanded by stakeholders. In addition, the Commission proposes self-regulation to facilitate switching cloud-service-providers for professional users. Other, less widely agreed aspects, such as access rights and liability were left for future proposals. The European Parliament adopted the legislation on 3 October 2018 and it was approved by the Council of Ministers on 9 November. The regulation was signed by both institutions on 14 November and published in the Official Journal on 28 November. It will be directly applicable in all Member States from 18 June 2019. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Single digital gateway

19-12-2018

As part of the ‘compliance package’, the Commission intends to provide a single digital entry point to offer easy and efficient online access for businesses and citizens, comprising: (1) information about Union and national law and administrative requirements, (2) procedures, such as company registration, and (3) services providing assistance upon request. The portal would serve start-ups and growing companies, as well as helping companies conducting business in another country. Access to these services ...

As part of the ‘compliance package’, the Commission intends to provide a single digital entry point to offer easy and efficient online access for businesses and citizens, comprising: (1) information about Union and national law and administrative requirements, (2) procedures, such as company registration, and (3) services providing assistance upon request. The portal would serve start-ups and growing companies, as well as helping companies conducting business in another country. Access to these services would be non-discriminatory, i.e. citizens and businesses from other Member States would have full access to the information and services, and this not only in the language used in the country in which they want to do business. The proposal builds on several existing schemes, such as single points of entry at national level; these cover only a few fields, are not always interconnected, suffer from being little known and are therefore underutilised. In May 2018, trilogues concluded with a provisional agreement, which was then confirmed by both Parliament and Council. The final act was signed on 2 October 2018.

Roaming: One Year After Implementation

12-11-2018

This in-depth analysis was prepared by Policy Department A at the request of the ITRE Committee. It examines the impacts one year after implementation of the EU’s Roaming Regulation that introduced Roam Like at Home (RLAH), by reviewing both the retail and wholesale markets. The retail roaming market was found to be performing well for most stakeholders. However, in the wholesale market, adjusting the wholesale price cap is necessary so that MVNOs may compete more effectively.

This in-depth analysis was prepared by Policy Department A at the request of the ITRE Committee. It examines the impacts one year after implementation of the EU’s Roaming Regulation that introduced Roam Like at Home (RLAH), by reviewing both the retail and wholesale markets. The retail roaming market was found to be performing well for most stakeholders. However, in the wholesale market, adjusting the wholesale price cap is necessary so that MVNOs may compete more effectively.

The Polbud judgment and the freedom of establishment for companies in the European Union: problems and perspectives

23-10-2018

The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority ...

The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority shareholders and workers.

Vanjski autor

Simona FRAZZANI Professor Carlo ANGELICI Professor Jochen HOFFMANN Silvia MEDICI, Professor Francesco SCIAUDONE

The right to respect for private life: digital challenges, a comparative-law perspective - The United States

04-10-2018

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United States and the subject at hand, the legislation in force, the most relevant case law and the nature of the right to respect for private ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United States and the subject at hand, the legislation in force, the most relevant case law and the nature of the right to respect for private life, ending with some conclusions on the challenges discussed. Unlike jurisdictions that have adopted an omnibus approach to privacy protection, the US takes a sectoral approach to regulating privacy, with different regulatory regimes for different contexts and sectors of the economy. This report provides an overview of the different areas of law addressing privacy, including constitutional, statutory, and common law, as well as of relevant scholarly commentary. The report concludes with a summary of the current legislative outlook.

Vanjski autor

EPRS, Comparative Law; This study has been written by Mr Luis Acosta, Chief, Foreign, Comparative, and International Law Division II, Law Library of Congress, of the US Library of Congress, at the request of the Comparative Law Library Unit, Directorate-General for Parliamentary Research Services (DG EPRS), General Secretariat of the European Parliament.

The right to respect for private life: digital challenges, a comparative-law perspective - The United Kingdom

04-10-2018

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the right to respect for private life in different legal systems, and between the ways in which the systems address the challenges that the ‘digital age’ poses to the exercise of that right. It analyses, with reference to the United Kingdom, the legislation in force, the most relevant case law and the nature of the right to respect for private life. Chapter 2 describes the concept of a right to respect for private life as it is recognised in UK legislation. This section of materials is subdivided into two parts. The first part outlines statutory protection for privacy interests, including the recently enacted Data Protection Act 2018 that gives domestic effect to the General Data Protection Regulations. The rest of chapter 2 discusses the most prominent set of statutory restrictions or qualifications upon the right. Privacy interests are thus revealed to be limited in the interests of national security and the prevention, investigation and detection of crime including crimes connected to the sexual abuse of children and young persons. Particular sets of laws authorise interception, examination and retention of digital online communications. Relevant obligations imposed on ISPs and telecommunications companies are described as are safeguards against unlawful forms of intrusion into these communications. Chapter 3 provides an overview of relevant jurisprudence in privacy related matters. A central focus of this chapter is the relatively recently developed tort of misuse of personal information. An evaluation of the overall state of UK law is offered in chapter 4. Finally, the conclusion identifies some privacy-related issues that are likely to arise in the near future.

Vanjski autor

EPRS, Comparative Law; This study has been written by Professor Ian Cram, Professor of Comparative Constitutional Law, School of Law, Leeds University, at the request of the Comparative Law Library Unit, Directorate-General for Parliamentary Research Services (DG EPRS), General Secretariat of the European Parliament.

An assessment of the Commission’s proposals on electronic evidence

21-09-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

Vanjski autor

Prof. Martin BÖSE, Professor, Rheinische Friedrich-Wilhelms-Universität Bonn

Rules for EU institutions' processing of personal data

12-09-2018

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since ...

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since 25 May 2018. Interinstitutional trilogue meetings, in which debate focused on also applying the regulation to operational data of EU bodies carrying out law enforcement activities, brought an agreement between the co-legislators in May. The compromise text is due to be voted by the Parliament in the September plenary session. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Buduća događanja

05-11-2019
The Art and Craft of Political Speech-writing: A conversation with Eric Schnure
Drugo događanje -
EPRS
06-11-2019
Where next for the global and European economies? The 2019 IMF Economic Outlook
Drugo događanje -
EPRS
06-11-2019
EPRS Annual Lecture: Clash of Cultures: Transnational governance in post-war Europe
Drugo događanje -
EPRS

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