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Policy Departments' Monthly Highlihts - May 2021

12-05-2021

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.

Primacy's Twilight? On the Legal Consequences of the Ruling of the Federal Constitutional Court of 5 May 2020 for the Primacy of EU Law

27-04-2021

The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

Išorės autorius

Niels Petersen - Konstantin Chatziathanasiou

Inter-institutional relations in the treatment of petitions: the role of the Commission

26-04-2021

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee. It presents an analysis of the EU right to petition, as a key element of participatory democracy, and its procedure with a focus on the cooperation between the Committee on Petitions and the Commission. It examines the procedures to deal with petitions and infringements of EU law, in particular EU environmental law. It provides an overview ...

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee. It presents an analysis of the EU right to petition, as a key element of participatory democracy, and its procedure with a focus on the cooperation between the Committee on Petitions and the Commission. It examines the procedures to deal with petitions and infringements of EU law, in particular EU environmental law. It provides an overview of key features of national petition systems in relation to the EU system and proposes recommendations for action by the EP and the Commission to improve the way petitions are handled.

Išorės autorius

Maxime MOULAC, Consultant for Milieu Consulting SRL. Marta BALLESTEROS, Senior Lawyer and Manager for Milieu Consulting SRL.

EU-UK private-sector data flows after Brexit: Settling on adequacy

09-04-2021

EU-UK data flows – the lifelines of our shared digital trade – have come under pressure following the UK's withdrawal from the EU. To take regulatory and business decisions, a clear understanding of the state of play and future prospects for EU-UK transfers of personal data is indispensable. This EPRS in-depth analysis reviews and assesses trade dealings, adequacy challenges and transfer instruments under the EU's General Data Protection Regulation (GDPR).

EU-UK data flows – the lifelines of our shared digital trade – have come under pressure following the UK's withdrawal from the EU. To take regulatory and business decisions, a clear understanding of the state of play and future prospects for EU-UK transfers of personal data is indispensable. This EPRS in-depth analysis reviews and assesses trade dealings, adequacy challenges and transfer instruments under the EU's General Data Protection Regulation (GDPR).

Interpretation and implementation of Article 50 TEU Legal and institutional assessment

24-03-2021

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the constitutional and institutional challenges that the European Union faced during the Brexit negotiations, and analyses whether the current wording of Article 50 of the Treaty on European Union was applied in an adequate manner and allowed for an efficient and properly organised withdrawal procedure.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the constitutional and institutional challenges that the European Union faced during the Brexit negotiations, and analyses whether the current wording of Article 50 of the Treaty on European Union was applied in an adequate manner and allowed for an efficient and properly organised withdrawal procedure.

Išorės autorius

PAPAGEORGIOU Ioannis

The European Union and regional economic integration: Creating collective public goods – Past, present and future

09-03-2021

EPRS invites leading experts and commentators to share their thinking and insights on important features of the European Union as a political and economic system. In this paper, Iain Begg, Professorial Research Fellow at the London School of Economics (LSE), reflects on the distinctive characteristics of the EU as the world's leading exemplar of regional economic integration, and its unique experience since the 1950s in generating collective public goods for its Member States as a foundation for ...

EPRS invites leading experts and commentators to share their thinking and insights on important features of the European Union as a political and economic system. In this paper, Iain Begg, Professorial Research Fellow at the London School of Economics (LSE), reflects on the distinctive characteristics of the EU as the world's leading exemplar of regional economic integration, and its unique experience since the 1950s in generating collective public goods for its Member States as a foundation for the continent's collective prosperity.

Unfair terms in Swiss franc loans: Overview of European Court of Justice case law

04-03-2021

In the first decade of the 21st century, loans denominated in or indexed to foreign currencies, in particular the Swiss franc, became very popular in a number of EU Member States, including Greece, Croatia, Hungary, Austria, Poland, Romania, and Slovenia, and also in two non-EU countries, Montenegro and Serbia. For a certain period, in some Member States these loans became the most popular type of loan issued to consumers. By pegging loans to a stable foreign currency, banks could lend more money ...

In the first decade of the 21st century, loans denominated in or indexed to foreign currencies, in particular the Swiss franc, became very popular in a number of EU Member States, including Greece, Croatia, Hungary, Austria, Poland, Romania, and Slovenia, and also in two non-EU countries, Montenegro and Serbia. For a certain period, in some Member States these loans became the most popular type of loan issued to consumers. By pegging loans to a stable foreign currency, banks could lend more money to the same consumer by virtue of interest rates being lower than those for the same type of loan expressed in the national currency. However, when, as a result of the global economic crisis, the rate of exchange between the Swiss franc and these national currencies (zlotys, forints, kunas, etc.) soared, consumers found themselves trapped. Often, they had to repay as much as twice the value of the loan taken, and could not escape the unfavourable contract by simply selling the property they had bought, as this would cover only a fraction of their debt. While certain Member States implemented mechanisms aimed at protecting consumers and bringing the situation under control, the case law of the European Court of Justice (ECJ), based on dynamic interpretation of the Unfair Terms Directive (93/13), has proved to be a significant factor in securing effective consumer protection. This briefing explains the legal significance of the relevant ECJ judgments, against the backdrop of the Swiss franc loan situation in Europe.

Responsible private funding of litigation

04-03-2021

A responsible TPLF regulatory framework should aim at lowering costs, simplifying unnecessary procedures, increasing the predictability of costs, and delivering efficient services at costs that are proportionate to the amounts in dispute. We explored additional effective safeguards and a number of policy options regarding the contractual, ethical and procedural aspects of TPLF. We then estimated the European added value (EAV) for two alternatives, namely a moderate and a strong regulatory approach ...

A responsible TPLF regulatory framework should aim at lowering costs, simplifying unnecessary procedures, increasing the predictability of costs, and delivering efficient services at costs that are proportionate to the amounts in dispute. We explored additional effective safeguards and a number of policy options regarding the contractual, ethical and procedural aspects of TPLF. We then estimated the European added value (EAV) for two alternatives, namely a moderate and a strong regulatory approach scenario using a standard benefits-costs analytical conceptual framework.

CAN NATURE GET IT RIGHT? A Study on Rights of Nature in the European Context

01-03-2021

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of “Rights of Nature” (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of “Rights of Nature” (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ECtHR and CJEU case-law on access to justice in environmental decision-making. It emphasises, in particular, the need to strengthen the requirements for independent scientific evaluations in certain permit regimes under EU law. The study also highlights the crucial importance of promoting the role of civil society as watchdog over the implementation of EU environmental law by way of a wider access to justice via both the national courts and the CJEU, which is also in line with the political priorities for delivering the European Green Deal.

Išorės autorius

Jan DARPÖ

Update the Unfair Contract Terms directive for digital services

09-02-2021

This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection ...

This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection framework. Recommendations are made to improve the effectiveness of this framework by: introducing a black and grey list of unfair terms, strengthening current sanctions, and introducing new obligations for digital service providers.

Išorės autorius

Marco LOOS, Joasia LUZAK

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