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Nutzung von SLAPP-Klagen zur Einschüchterung von Journalisten, nichtstaatlichen Organisationen und der Zivilgesellschaft

15-09-2021

Diese Studie, die von der Politischen Abteilung für Bürgerrechte und konstitutionelle Angelegenheiten des Europäischen Parlaments auf Ersuchen des JURI-Ausschusses in Auftrag gegeben wurde, analysiert Rechtsdefinitionen von strategischen Klagen gegen öffentliche Beteiligung (SLAPP) und bewertet die Vereinbarkeit einer Anti-SLAPP-Gesetzgebung mit EU-Recht. Es wird empfohlen, eine Anti-SLAPP-Richtlinie zu verabschieden sowie die Brüssel-Ia-Verordnung und die Rom-II-Verordnung neu zu fassen, um das ...

Diese Studie, die von der Politischen Abteilung für Bürgerrechte und konstitutionelle Angelegenheiten des Europäischen Parlaments auf Ersuchen des JURI-Ausschusses in Auftrag gegeben wurde, analysiert Rechtsdefinitionen von strategischen Klagen gegen öffentliche Beteiligung (SLAPP) und bewertet die Vereinbarkeit einer Anti-SLAPP-Gesetzgebung mit EU-Recht. Es wird empfohlen, eine Anti-SLAPP-Richtlinie zu verabschieden sowie die Brüssel-Ia-Verordnung und die Rom-II-Verordnung neu zu fassen, um das Auftreten von SLAPP-Klagen zu begrenzen.

Autore esterno

Justin BORG-BARTHET Benedetta LOBINA Magdalena ZABROCKA.

L’utilisation des poursuites-bâillons pour réduire au silence les journalistes, les ONG et la société civile

15-09-2021

La présente étude, commandée par le département thématique des droits des citoyens et des affaires constitutionnelles du Parlement européen à la demande de la commission des affaires juridiques (JURI), analyse les définitions juridiques des poursuites stratégiques altérant le débat public (poursuites-bâillons) et évalue la compatibilité de la législation contre les poursuites-bâillons dans le droit européen. Il est recommandé l’adoption d’une directive contre les poursuites-bâillons et la refonte ...

La présente étude, commandée par le département thématique des droits des citoyens et des affaires constitutionnelles du Parlement européen à la demande de la commission des affaires juridiques (JURI), analyse les définitions juridiques des poursuites stratégiques altérant le débat public (poursuites-bâillons) et évalue la compatibilité de la législation contre les poursuites-bâillons dans le droit européen. Il est recommandé l’adoption d’une directive contre les poursuites-bâillons et la refonte des règlements Bruxelles I bis et Rome II en vue de limiter l’incidence des poursuites-bâillons.

Autore esterno

Justin BORG-BARTHET Benedetta LOBINA Magdalena ZABROCKA.

Regulating targeted and behavioural advertising in digital services. How to ensure users’ informed consent

31-08-2021

The study addresses the regulation of targeted and behavioural advertising in the context of digital services. Marketing methods and technologies deployed in behavioural and target advertising are presented. The EU law on consent to the processing of personal data is analysed, in connection with advertising practices. Ways of improving the quality of consent are discussed as well as ways of restricting its scope as a legal basis for the processing of personal data. This study is commissioned by ...

The study addresses the regulation of targeted and behavioural advertising in the context of digital services. Marketing methods and technologies deployed in behavioural and target advertising are presented. The EU law on consent to the processing of personal data is analysed, in connection with advertising practices. Ways of improving the quality of consent are discussed as well as ways of restricting its scope as a legal basis for the processing of personal data. This study is commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee...

Regulating targeted and behavioural advertising in digital services. How to ensure users’ informed consent

30-08-2021

The study addresses the regulation of targeted and behavioural advertising in the context of digital services. Marketing methods and technologies deployed in behavioural and target advertising are presented. The EU law on consent to the processing of personal data is analysed, in connection with advertising practices. Ways of improving the quality of consent are discussed as well as ways of restricting its scope as a legal basis for the processing of personal data. This study is commissioned by ...

The study addresses the regulation of targeted and behavioural advertising in the context of digital services. Marketing methods and technologies deployed in behavioural and target advertising are presented. The EU law on consent to the processing of personal data is analysed, in connection with advertising practices. Ways of improving the quality of consent are discussed as well as ways of restricting its scope as a legal basis for the processing of personal data. This study is commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee.

Biometric Recognition and Behavioural Detection Assessing the ethical aspects of biometric recognition and behavioural detection techniques with a focus on their current and future use in public spaces

06-08-2021

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI and PETI Committees, analyses the use of biometric techniques from an ethical and legal perspective. Biometric techniques raise a number of specific ethical issues, as an individual cannot easily change biometric features, and as these techniques tend to intrude into the human body and ultimately the human self. Further issues are more generally associated ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI and PETI Committees, analyses the use of biometric techniques from an ethical and legal perspective. Biometric techniques raise a number of specific ethical issues, as an individual cannot easily change biometric features, and as these techniques tend to intrude into the human body and ultimately the human self. Further issues are more generally associated with large-scale surveillance, algorithmic decision making, or profiling. The study analyses different types of biometric techniques and draws conclusions for EU legislation.

Autore esterno

Christiane WENDEHORST, Yannic DULLER.

The European Commission's legislative proposals in the New Pact on Migration and Asylum

30-07-2021

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs on request of the Parliament’s Committee on Civil Liberties and Justice, aims to provide a detailed mapping and analysis of the central legal changes and issues characterising the five main legislative proposals accompanying the Pact on Migration and Asylum, presented by the Commission in September 2020. The legislative instruments under consideration include a new Screening Regulation ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs on request of the Parliament’s Committee on Civil Liberties and Justice, aims to provide a detailed mapping and analysis of the central legal changes and issues characterising the five main legislative proposals accompanying the Pact on Migration and Asylum, presented by the Commission in September 2020. The legislative instruments under consideration include a new Screening Regulation, an amended proposal for an Asylum Procedures Regulation, an amended proposal revising the Eurodac Regulation, a new Asylum and Migration Management Regulation, and a new Crisis and Force Majeure Regulation. As a second step, the study provides a critical assessment of the five proposals as to their legal coherence, fundamental rights compliance, and application of the principle of solidarity and fair sharing of responsibility enshrined in Article 80 TFEU.

Autore esterno

Evelien BROUWER; Giuseppe CAMPESI ; Sergio CARRERA, Roberto CORTINOVIS, Eleni KARAGEORGIOU, Jens VEDSTED-HANSEN, Lina VOSYLIŪTĖ

European Court of Justice case law on judicial independence

19-07-2021

Article 2 of the Treaty on European Union (TEU) lists the values upon which the Union is founded. According to this Article, these values are shared by the Member States and form the axiological backbone of EU law. The rule of law is listed, alongside democracy and fundamental rights, among the crucial values underpinning the Union. However, Article 2 TEU is more than just a mere declaration; it is also a source of binding obligations upon the Member States to uphold the Union's values, and therefore ...

Article 2 of the Treaty on European Union (TEU) lists the values upon which the Union is founded. According to this Article, these values are shared by the Member States and form the axiological backbone of EU law. The rule of law is listed, alongside democracy and fundamental rights, among the crucial values underpinning the Union. However, Article 2 TEU is more than just a mere declaration; it is also a source of binding obligations upon the Member States to uphold the Union's values, and therefore also the rule of law. The latter concept, despite broad discussions as to its exact content, undoubtedly entails such elements as judicial independence, understood in particular as the independence of the judiciary from other branches of government (legislative, executive). All other elements of the rule of law, such as the principle of legality, whereby government may act only on the basis of law and within its boundaries, or the principle of constitutionalism, whereby the parliament's law-making powers must be exercised within the limits of the constitution, or the existence of judicial review to enforce those principles – all depend on judicial independence as their fundamental pre-condition. Recently, however, faced with challenges to judicial independence in certain Member States (as evidenced by on-going Article 7 TEU proceedings), the European Union has started developing its own standards in this area. Examples include the Commission's rule of law framework (adopted in 2014), its two communications on the rule of law, and the annual rule of law report, the first of which was adopted in September 2020. The case law of the European Court of Justice (ECJ) plays a crucial role in this respect, and scholars point out that the Court has been the most effective EU institution with regard to safeguarding judicial independence in the Member States. The present briefing provides a concise chronological overview of the Court's recent case law on judicial independence – described by scholars as 'truly revolutionary' – starting from the 2018 Portuguese Judges case.

European Court of Justice and international agreements

15-07-2021

As a subject of public international law, the European Union (EU) concludes international agreements with other subjects of international law, i.e. international organisations and states. The EU may enter into such treaties on its own, or jointly with its Member States – depending on the area of competence (exclusive EU competence or shared competences) to which the treaty in question applies. The European Court of Justice (ECJ) enjoys specific competences with regard to the conclusion, interpretation ...

As a subject of public international law, the European Union (EU) concludes international agreements with other subjects of international law, i.e. international organisations and states. The EU may enter into such treaties on its own, or jointly with its Member States – depending on the area of competence (exclusive EU competence or shared competences) to which the treaty in question applies. The European Court of Justice (ECJ) enjoys specific competences with regard to the conclusion, interpretation and application of international treaties to which the EU is a party. The ECJ can verify the compatibility of an international agreement with the EU Treaties either ex ante or ex post. Furthermore, international treaties concluded by the EU are considered as acts of the institutions and may be subject to interpretation by the Court, especially in the preliminary reference procedure. As a rule no ECJ jurisdiction is envisaged in EU free trade agreements (FTAs), as dispute settlement is carried out through a joint committee, followed by arbitration. In certain specific cases, such as in the European Economic Area and the EU-Turkey Customs Union, the ECJ may have direct involvement in the enforcement of the agreement. The EU-UK Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement (TCA), however, diverge on dispute settlement rules and the role of the ECJ. In the former, the ECJ maintained its jurisdiction during, as well as beyond, the transition period with regard to specific chapters; the ECJ also has the final word on interpreting EU law applied in virtue of the agreement. Conversely, the TCA includes a role for the Court only in regard to the United Kingdom's participation in EU programmes, and its dispute settlement rules vary throughout the agreement.

Understanding delegated and implementing acts

07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated ...

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States' experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

The Use of SLAPPs to Silence Journalists, NGOs and Civil Society

30-06-2021

This At a glance of the study with the same title, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, analyses legal definitions of Strategic Lawsuits Against Public Participation (SLAPP) and assesses the compatibility of anti-SLAPP legislation with EU law. It is recommended that an anti-SLAPP Directive should be adopted, and that the Brussels Ia Regulation and Rome II Regulation should be recast to limit ...

This At a glance of the study with the same title, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, analyses legal definitions of Strategic Lawsuits Against Public Participation (SLAPP) and assesses the compatibility of anti-SLAPP legislation with EU law. It is recommended that an anti-SLAPP Directive should be adopted, and that the Brussels Ia Regulation and Rome II Regulation should be recast to limit the incidence of SLAPPs.

Autore esterno

Justin BORG-BARTHET Benedetta LOBINA Magdalena ZABROCKA.

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