16

risultato/i

Parola(e)
Tipo di pubblicazione
Settore di intervento
Autore
Parole chiave
Data

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.

Research for REGI Committee - Conditionalities in Cohesion Policy

11-09-2018

This study discusses the evolution and experience of conditionalities in Cohesion policy and draws relevant policy recommendations on its future development in the light of the 2021-27 legislative proposals of the European Commission, including the proposal on a rule of law conditionality.

This study discusses the evolution and experience of conditionalities in Cohesion policy and draws relevant policy recommendations on its future development in the light of the 2021-27 legislative proposals of the European Commission, including the proposal on a rule of law conditionality.

Autore esterno

Viorica VIȚĂ

Mis-selling of Financial Products: Subordinated Debt and Self-placement

13-06-2018

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The focus of this document is mis-selling of subordinated debt and other junior liabilities and weaknesses of MiFID. This report concludes that the mis-selling, essentially through self-placement, was due to violations of MiFID rules rather than weaknesses of the legislative scheme. The report includes proposals to strengthen the legislation and to provide compensation for retail investors. This document ...

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The focus of this document is mis-selling of subordinated debt and other junior liabilities and weaknesses of MiFID. This report concludes that the mis-selling, essentially through self-placement, was due to violations of MiFID rules rather than weaknesses of the legislative scheme. The report includes proposals to strengthen the legislation and to provide compensation for retail investors. This document was provided by Policy Department A at the request of the ECON Committee.

Mis-selling of Financial Products: Mortgage Credit

13-06-2018

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The mis-selling of mortgage loans that include floor clauses, foreign currencies (forex) clauses and related products is the subject of this research. We analyse the context, the handling of the problem in the most affected Member States (Croatia, Hungary, Poland, Romania and Spain) and its compatibility with EU law. We conclude with recommendations. This document was provided by Policy Department A ...

This paper forms part of a series of five studies on mis-selling of financial products in the EU. The mis-selling of mortgage loans that include floor clauses, foreign currencies (forex) clauses and related products is the subject of this research. We analyse the context, the handling of the problem in the most affected Member States (Croatia, Hungary, Poland, Romania and Spain) and its compatibility with EU law. We conclude with recommendations. This document was provided by Policy Department A at the request of the ECON Committee.

Mis-selling of Financial Products: Marketing, Sale and Distribution

13-06-2018

This study forms part of a series of five studies on mis-selling of financial products in the EU. The study reviews the EU legislative and regulatory framework for the marketing, sale and distribution of financial products to assess whether post-crisis EU regulatory reforms have met their objectives and, if not, what are the gaps and weaknesses in the current EU regulatory approach. The EU follows a sectoral approach to regulating the marketing and sale of financial products, which results in segmentation ...

This study forms part of a series of five studies on mis-selling of financial products in the EU. The study reviews the EU legislative and regulatory framework for the marketing, sale and distribution of financial products to assess whether post-crisis EU regulatory reforms have met their objectives and, if not, what are the gaps and weaknesses in the current EU regulatory approach. The EU follows a sectoral approach to regulating the marketing and sale of financial products, which results in segmentation and arbitrage risks. The paper argues that the European Supervisory Authorities should adopt more harmonised regulatory and technical standards to reduce these risks and ensure more effective enforcement by Member State authorities. This document was provided by Policy Department A at the request of the ECON Committee.

Mis-selling of Financial Products: Consumer Credit

13-06-2018

This paper is part of a series of five studies on mis-selling of financial products in the EU. Retail financial markets across the EU have been upset by large-scale mis-selling of financial products to consumers. As part of a series of five studies on this topic, this paper examines the problem of mis-selling with a particular focus on consumer credit. It identifies the most problematic products and practices in consumer credit markets that may cause consumer detriment and shows some important limitations ...

This paper is part of a series of five studies on mis-selling of financial products in the EU. Retail financial markets across the EU have been upset by large-scale mis-selling of financial products to consumers. As part of a series of five studies on this topic, this paper examines the problem of mis-selling with a particular focus on consumer credit. It identifies the most problematic products and practices in consumer credit markets that may cause consumer detriment and shows some important limitations of the current EU regulatory framework for consumer credit in providing adequate consumer protection. This document was provided by Policy Department A at the request of the ECON Committee.

Autore esterno

Prof.dr. O. O. CHEREDNYCHENKO, J.-M. MEINDERSTMA

Thematic overview: Member States whose 2018 Draft Budgetary Plans are "at risk of non-compliance" with the Stability and Growth Pact

24-01-2018

This briefing gives an overview of recent European Commission (COM) assessments of the budgetary situation of six Member States (Belgium, France, Italy, Austria, Portugal and Slovenia) whose 2018 Draft Budgetary Plans (DBPs) are considered to be “at risk of non-compliance” with their obligations under the Stability and Growth Pact (SGP). This briefing will be updated as further assessments by the COM become available during spring 2018.

This briefing gives an overview of recent European Commission (COM) assessments of the budgetary situation of six Member States (Belgium, France, Italy, Austria, Portugal and Slovenia) whose 2018 Draft Budgetary Plans (DBPs) are considered to be “at risk of non-compliance” with their obligations under the Stability and Growth Pact (SGP). This briefing will be updated as further assessments by the COM become available during spring 2018.

Economic Dialogue with the Commission on 2018 Draft Budgetary Plans

24-11-2017

ECON on 27 November 2017 Vice-president Dombrovskis and Commissioner Moscovici have been invited to an Economic Dialogue on the European Commission Opinions on the 2018 Draft Budgetary Plans of the Euro Area Member States based on Articles 7 and 15 of EU Regulation 473/2013.

ECON on 27 November 2017 Vice-president Dombrovskis and Commissioner Moscovici have been invited to an Economic Dialogue on the European Commission Opinions on the 2018 Draft Budgetary Plans of the Euro Area Member States based on Articles 7 and 15 of EU Regulation 473/2013.

EU Justice and Home Affairs Agencies: Securing Good Governance

09-10-2017

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 governance structures of EU Justice and Home Affairs agencies. Specifically, it maps and analyses across-the-board agencies’ relationships to the main institutional actors in terms of core reporting and scrutiny mechanisms. Drawing on agency founding acts and interviews, it looks closely in particular at management boards’ composition ...

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 governance structures of EU Justice and Home Affairs agencies. Specifically, it maps and analyses across-the-board agencies’ relationships to the main institutional actors in terms of core reporting and scrutiny mechanisms. Drawing on agency founding acts and interviews, it looks closely in particular at management boards’ composition and operation, ranging from voting allocation to institutional and Member State representation to issues of board expertise. The study further considers some of the implications of the current governance set up with respect to ensuring co-operation from corresponding national structures, identifying existing structural shortcomings inherent to current mandates and proposing suggestions for improvement.

Autore esterno

Dr. Madalina Busuioc, Associate Professor, Institute of Public Administration, Faculty of Governance and Global Affairs, Leiden University

Research for CULT Committee - European Solidarity Corps and volunteering

15-09-2017

This study provides an assessment of the legislative proposal for the establishment of the European Solidarity Corps. It focuses on the added value of the ESC; challenges linking EU programmes; and the complementarity to paid employment. It concludes that in principle the initiative is welcome; however, many issues in the proposal (and supporting documentation) are not sufficiently made clear. The most important concerns are: 1) level of engagement of stakeholders in the ESC framework; 2) feasibility ...

This study provides an assessment of the legislative proposal for the establishment of the European Solidarity Corps. It focuses on the added value of the ESC; challenges linking EU programmes; and the complementarity to paid employment. It concludes that in principle the initiative is welcome; however, many issues in the proposal (and supporting documentation) are not sufficiently made clear. The most important concerns are: 1) level of engagement of stakeholders in the ESC framework; 2) feasibility to achieve 100,000 solidarity activities; 3) assuring participation of disadvantaged groups; 4) disparities between volunteers in different programmes; 5) the status of the quality label; 6) capacities of National Agencies; 7) lack of clarity on how to distribute ESC activities and funding across Member States; 8) lack of a monitoring system; 9) unclear definition of ‘solidarity activity’; 10) lack of safeguards to prevent replacing paid employment; 11) the choice for not integrating ESC in Erasmus+ should be better explained.

Autore esterno

BROEK Simon, BUISKOOL Bert-Jan

Prossimi eventi

07-12-2020
Health and environmental impacts of 5G
Workshop -
STOA
07-12-2020
What role can trade policy play to advance the objectives of the Green Deal?
Audizione -
INTA
07-12-2020
Public Hearing on Women's Rights Defenders
Audizione -
FEMM

Partner