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Protecting the EU budget against generalised rule of law deficiencies

25-06-2020

When preparing the 2021-2027 multiannual financial framework, the European Commission proposed to strengthen the link between EU funding and respect for the rule of law. To this end, on 3 May 2018, the Commission presented a proposal for a regulation that would introduce a general rule of law conditionality into the EU's financial rules. Any Member State where a generalised rule of law deficiency is found could be subject to the suspension of payments and commitments, reduced funding and a prohibition ...

When preparing the 2021-2027 multiannual financial framework, the European Commission proposed to strengthen the link between EU funding and respect for the rule of law. To this end, on 3 May 2018, the Commission presented a proposal for a regulation that would introduce a general rule of law conditionality into the EU's financial rules. Any Member State where a generalised rule of law deficiency is found could be subject to the suspension of payments and commitments, reduced funding and a prohibition on concluding new commitments. On 13 November 2019, the decision of the European Parliament's Budget and Budgetary Control Committees to enter interinstitutional negotiations on the proposal was announced in plenary. Negotiations will be based on Parliament's first-reading position adopted in plenary in April 2019. Parliament's main amendments are concerned with the definition of generalised deficiencies, procedural issues (the panel of independent experts and the need to put Parliament on an equal footing with Council), and with the protection of end beneficiaries of EU funding. The rule of law conditionality has become an important element of the negotiations on the legislative package for the 2021-2027 MFF and the Recovery Instrument for the aftermath of the coronavirus pandemic. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Bolivia: A test for democracy

16-01-2020

Bolivia's Evo Morales was probably the most successful among the presidents belonging to the left-wing movements that swept across the Latin American region in the early 2000s. However, his insistence on clinging to power in defiance of the Constitution and the will of the majority of Bolivians, including many of his former supporters, ultimately led to his demise and sparked political conflict. Nevertheless, the agreement reached between all parties to call new elections gives hope for the future ...

Bolivia's Evo Morales was probably the most successful among the presidents belonging to the left-wing movements that swept across the Latin American region in the early 2000s. However, his insistence on clinging to power in defiance of the Constitution and the will of the majority of Bolivians, including many of his former supporters, ultimately led to his demise and sparked political conflict. Nevertheless, the agreement reached between all parties to call new elections gives hope for the future and could be an example for other countries in the region to emulate.

Rule of law [What Think Tanks are thinking]

15-11-2019

The European Union is a community of law, with the rule of law being a basic value since the Union's inception. The President-elect of the European Commission, Ursula von der Leyen, has confirmed a strong commitment to uphold the rule of law, which remains a shared responsibility for all EU institutions and all Member States. However, developments in several EU Member States – for example Czechia, Hungary, Poland, Slovakia and Malta – have raised concerns over how far this commitment is actualy being ...

The European Union is a community of law, with the rule of law being a basic value since the Union's inception. The President-elect of the European Commission, Ursula von der Leyen, has confirmed a strong commitment to uphold the rule of law, which remains a shared responsibility for all EU institutions and all Member States. However, developments in several EU Member States – for example Czechia, Hungary, Poland, Slovakia and Malta – have raised concerns over how far this commitment is actualy being observed in practice, sparking a lively debate across the EU and action in the EU institutions themselves. This note offers links to recent commentaries, studies and reports from major international think tanks on the rule of law debate.

Protecting the rule of law in the EU: Existing mechanisms and possible improvements

06-11-2019

Under the rule of law, governmental powers are limited by law and may be exercised only on the basis of law. An independent judiciary is indispensable to guaranteeing this state of affairs, and appropriate procedures, including legal remedies, must be in place to guarantee that individuals can protect their rights and trigger judicial review of governmental action. The rule of law has been an enduring basic value of the European Union from its inception, and the principles of the rule of law have ...

Under the rule of law, governmental powers are limited by law and may be exercised only on the basis of law. An independent judiciary is indispensable to guaranteeing this state of affairs, and appropriate procedures, including legal remedies, must be in place to guarantee that individuals can protect their rights and trigger judicial review of governmental action. The rule of law has been an enduring basic value of the European Union from its inception, and the principles of the rule of law have been enshrined in the case law of the European Court of Justice (ECJ). The EU's very design is based on a shared responsibility for upholding and enforcing EU law, which is the joint task of the ECJ and national courts. The rule of law within the Member States, at least in areas covered by EU law, is therefore indispensable for the proper functioning of the Union and its legal system. Furthermore, the rule of law is one of the EU's fundamental values, enshrined in Article 2 of the Treaty on European Union, which must be respected by the Member States, including in areas not covered by EU law. Should an EU Member State be suspected of breaching the rule of law, a number of procedures are available to verify this and, if needed, remedy the situation. First of all, there are three 'soft' mechanisms, which do not give rise to legally binding results, yet nevertheless have a certain political resonance and can be seen as a preparatory step towards legal action. These include the transitional 'special cooperation and verification mechanism' (included in the Act of Accession for Bulgaria and Romania), the Commission's rule of law framework, and the Council's annual dialogues on the rule of law. Apart from these 'soft' mechanisms, three legal procedures are also available which, if concluded, can produce legally binding results. First of all, infringement proceedings can be brought by the Commission if the alleged breach could also amount to the violation of a specific rule of EU law. Secondly, national courts from a Member State in which the rule of law is breached may refer preliminary questions to the ECJ, seeking guidance on the interpretation of EU law with a view to assessing the compatibility of national legislation. Finally, the breach of values procedure can be triggered, possibly leading to the suspension of a Member State's membership rights. This briefing has been produced at the request of a member of the European Committee of the Regions, in the framework of the Cooperation Agreement between the Parliament and the Committee.

Hearings of the Commissioners-designate: Didier Reynders - Justice

26-09-2019

This briefing is one in a set looking at the Commissioners-designate and their portfolios as put forward by Commission President-elect Ursula von der Leyen. Each candidate faces a three-hour public hearing, organised by one or more parliamentary committees. After that process, those committees will judge the candidates' suitability for the role based on 'their general competence, European commitment and personal independence', as well as their 'knowledge of their prospective portfolio and their communication ...

This briefing is one in a set looking at the Commissioners-designate and their portfolios as put forward by Commission President-elect Ursula von der Leyen. Each candidate faces a three-hour public hearing, organised by one or more parliamentary committees. After that process, those committees will judge the candidates' suitability for the role based on 'their general competence, European commitment and personal independence', as well as their 'knowledge of their prospective portfolio and their communication skills'. At the end of the hearings process, Parliament votes on the proposed Commission as a bloc, and under the Treaties may only reject the entire College of Commissioners, rather than individual candidates. The Briefing provides an overview of key issues in the portfolio areas, as well as Parliament's activity in the last term in that field. It also includes a brief introduction to the candidate.

Hearings of the Commissioners-designate: Věra Jourová – Vice-President: Values and Transparency

26-09-2019

This briefing is one in a set looking at the Commissioners-designate and their portfolios as put forward by Commission President-elect Ursula von der Leyen. Each candidate faces a three-hour public hearing, organised by one or more parliamentary committees. After that process, those committees will judge the candidates' suitability for the role based on 'their general competence, European commitment and personal independence', as well as their 'knowledge of their prospective portfolio and their communication ...

This briefing is one in a set looking at the Commissioners-designate and their portfolios as put forward by Commission President-elect Ursula von der Leyen. Each candidate faces a three-hour public hearing, organised by one or more parliamentary committees. After that process, those committees will judge the candidates' suitability for the role based on 'their general competence, European commitment and personal independence', as well as their 'knowledge of their prospective portfolio and their communication skills'. At the end of the hearings process, Parliament votes on the proposed Commission as a bloc, and under the Treaties may only reject the entire College of Commissioners, rather than individual candidates. The Briefing provides an overview of key issues in the portfolio areas, as well as Parliament's activity in the last term in that field. It also includes a brief introduction to the candidate.

EU policies – Delivering for citizens: Human Rights

28-06-2019

In the 70 years since the adoption of the Universal Declaration of Human Rights – the first international document to set common standards of achievement for all states – the pivotal role and moral, legal and political significance of human rights in the international arena have become indisputable. However, despite considerable progress in many areas on recognition, codification and implementation, human rights have also come under increased attack. Whether in theatres of war or in the political ...

In the 70 years since the adoption of the Universal Declaration of Human Rights – the first international document to set common standards of achievement for all states – the pivotal role and moral, legal and political significance of human rights in the international arena have become indisputable. However, despite considerable progress in many areas on recognition, codification and implementation, human rights have also come under increased attack. Whether in theatres of war or in the political arena, human rights are now often rejected on ideological grounds. The EU itself has not been spared by the current backlash. In its Member States, a populist wave has empowered some political forces that increasingly question the significance of core human rights, such as the right to freedom of expression. In these troubled times for human rights, opinion polls show that European citizens perceive human rights as one of the most important values for them personally and one of the values that best represent the EU itself. Having emerged from World War II and its atrocities, European countries were determined to secure lasting peace, and the Union they created is founded on respect for democracy, the rule of law and human rights, which guide and shape its legislation and policies. Within the EU, recent action has included new legislation on data protection and access to justice, the European Pillar of Social Rights, and initiatives to combat inequality, discrimination and hate speech. There is also an acknowledgement that more needs to be done to complete the legal framework to combat discrimination and strengthen internal mechanisms for upholding the rule of law. Human rights are additionally a general objective of EU external action. The EU is deeply committed to promoting human rights, as enshrined in international treaties, in its relations with third countries and with other multilateral regional and global institutions. During Parliament's last mandate, the EU consistently applied and deepened a range of policy approaches that strengthen its role and image as a normative power that inspires others through its example. Maintaining and consolidating this policy remains vital for preserving the EU's image and credibility as a normative power based on values, and one that has the capacity to act at a time when the principle of multilateralism is increasingly questioned. This is an update of an earlier briefing issued in advance of the 2019 European elections.

Area of freedom, security and justice: Cost of Non-Europe

08-05-2019

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They ...

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They also have a negative effect on budgetary spending, growth and tax revenue, which is estimated at at least €180 billion annually, with the lack of enforcement of EU values still to be assessed in more detail. Further EU action in four main areas: 1. monitoring and enforcement; 2. the creation of safe legal pathways for migrants and asylum seekers to enter the EU; 3. ingraining a European law enforcement culture; and 4. completing the Union’s fundamental rights framework, would have significant benefits. In particular, it could allow individuals to fully enjoy their fundamental rights and make EU society more secure, open, fair and prosperous. This would also foster trust in the EU on the basis of its ability to deliver on its aims

Policy Departments' Monthly Highlights - April 2019

15-04-2019

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.

Is transparency the key to citizens’ trust?

11-04-2019

Trust in political institutions is a key element of representative democracies. Trust in the rule of law is also the basis for democratic participation of citizens. According to the spring 2018 Eurobarometer survey of public awareness of the EU institutions, 50 % of respondents indicated they trust the European Parliament, which represents a 34 % increase since the beginning of the 2014-2019 legislative term. A transparent political decision-making processes has become a common objective to help ...

Trust in political institutions is a key element of representative democracies. Trust in the rule of law is also the basis for democratic participation of citizens. According to the spring 2018 Eurobarometer survey of public awareness of the EU institutions, 50 % of respondents indicated they trust the European Parliament, which represents a 34 % increase since the beginning of the 2014-2019 legislative term. A transparent political decision-making processes has become a common objective to help strengthen citizens’ trust in policy-makers and enhance the accountability of public administrations. In this regard, regulation of lobbying (the exchange between policy makers and stakeholders), and bolstering the integrity of this process, is often considered a vital ingredient. Public expectations for increased transparency of the exchange between policy-makers and interest representatives varies from one political system to the next, but it has increasingly become a topic of debate for parliaments across Europe, and a regular demand during election campaigns.

Buduća događanja

26-10-2020
European Gender Equality Week - October 26-29, 2020
Drugo događanje -
FEMM
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Saslušanje -
LIBE FEMM
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Saslušanje -
FEMM

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