103

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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.

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.

Autore esterno

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.

Autore esterno

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.

Protecting, promoting and projecting Europe's values and interests in the world

11-09-2020

In its foreign policy, the European Union (EU) is committed to 'promoting its values and interests', which include democracy, freedom, human rights, the rule of law, pluralism, peace and security, and multilateralism. Worldwide, however, the values and interests that the EU stands for are under mounting pressure, pressure that the pandemic has further intensified. Growing strategic great power rivalry − witnessed in the 'extraterritorialisation' of US-China tensions, growing pressure on human rights ...

In its foreign policy, the European Union (EU) is committed to 'promoting its values and interests', which include democracy, freedom, human rights, the rule of law, pluralism, peace and security, and multilateralism. Worldwide, however, the values and interests that the EU stands for are under mounting pressure, pressure that the pandemic has further intensified. Growing strategic great power rivalry − witnessed in the 'extraterritorialisation' of US-China tensions, growing pressure on human rights, and the (strategic) undermining of multilateralism − have left something of a moral global leadership vacuum. The need to reinforce the protection, promotion and projection of the EU's values and interests in the world has thus become much more pressing. At the same time, attacks on democracy worldwide during the pandemic have sparked increased global public awareness about fundamental rights, equality and human dignity – values at the heart of the European project. In this sense, the pandemic could be a turning-point when the EU seizes the moment to protect, promote and project its values and visions for the common global good in the century ahead.

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.

Autore esterno

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

Strengthening the Fundamental Rights Agency - The Revision of the Fundamental Rights Agency Regulation

15-05-2020

Since it was set up in 2007, the EU Agency for Fundamental Rights has demonstrated its ability produce high-quality research, and to provide the EU institutions and the EU Member States implementing Union law with expert advice on fundamental rights issues. The regulatory framework under which the Agency operates, however, is not fully appropriate to discharge its mandate effectively. This in-depth study commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional ...

Since it was set up in 2007, the EU Agency for Fundamental Rights has demonstrated its ability produce high-quality research, and to provide the EU institutions and the EU Member States implementing Union law with expert advice on fundamental rights issues. The regulatory framework under which the Agency operates, however, is not fully appropriate to discharge its mandate effectively. This in-depth 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 identifies how it could be improved.

Autore esterno

Professor Olivier DE SCHUTTER

Prossimi eventi

20-01-2021
EPRS online policy roundtable with the World Bank: Where next for the global economy
Altro evento -
EPRS
25-01-2021
Public Hearing on "Gender aspects of precarious work"
Audizione -
FEMM
27-01-2021
Public hearing on AI and Green Deal
Audizione -
AIDA

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