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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.

Awtur estern

Niels Petersen - Konstantin Chatziathanasiou

Updating the Crypto Assets Regulation and establishing a pilot regime for distributed ledger technology

03-03-2021

The markets in crypto assets (MiCA) proposal intends to adapt to the latest technological trends in the FinTech sector. The briefing analyses the strengths and weaknesses of the impact assessment (IA) accompanying the MiCA and DLT proposals. The IA is quite technical and difficult to read for a non-expert. The policy options were compared against the criteria of effectiveness, efficiency and coherence, but not against proportionality, which is required by the better regulation guidelines. The preferred ...

The markets in crypto assets (MiCA) proposal intends to adapt to the latest technological trends in the FinTech sector. The briefing analyses the strengths and weaknesses of the impact assessment (IA) accompanying the MiCA and DLT proposals. The IA is quite technical and difficult to read for a non-expert. The policy options were compared against the criteria of effectiveness, efficiency and coherence, but not against proportionality, which is required by the better regulation guidelines. The preferred option is a mix of various options, and one of the preferred options is transferred into another, new legislative proposal, i.e., on the DLT. The IA foresees cost reduction for business due to the use of DLT, which saves costs compared to the traditional trading activities, with new entrants facing one-off costs similar to multilateral trading facilities (MTFs).

Proportionality test for new national regulations for professions

25-07-2018

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, sought to harmonise the way in which ...

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, sought to harmonise the way in which proportionality tests are carried out before Member States introduce new regulation on professions. The new directive will supplement provisions of Directive 2005/36/EC on the recognition of professional qualifications, last amended by Directive 2013/55/EU. The European Parliament proposed a specific status for healthcare services, and explicitly addressed gold-plating practices (unnecessary national requirements). A text was agreed between Parliament and Council in trilogue in March, which was voted in the Parliament plenary on 14 June 2018 and adopted by the Council on 21 June 2018. The final act was signed on 28 June 2018. Member States have until 30 July 2020 to bring into force the laws and administrative provisions necessary to comply with the directive. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Subsidiarity: Mechanisms for monitoring compliance

12-07-2018

The principle of subsidiarity requires decisions to be taken at the lowest practical level of government without, however, jeopardising mutually beneficial cooperation at the supranational level. Recent decades have seen efforts to strengthen the subsidiarity principle in EU law, including the introduction of the well-known early warning mechanism (EWM) for national parliaments. At the same time, the principle of subsidiarity remains a contested notion. This has important implications for the regulatory ...

The principle of subsidiarity requires decisions to be taken at the lowest practical level of government without, however, jeopardising mutually beneficial cooperation at the supranational level. Recent decades have seen efforts to strengthen the subsidiarity principle in EU law, including the introduction of the well-known early warning mechanism (EWM) for national parliaments. At the same time, the principle of subsidiarity remains a contested notion. This has important implications for the regulatory, political and judicial bodies monitoring compliance with the principle. In this context, commentators have called for a better (and shared) understanding of the principle and have formulated a number of suggestions as to how to monitor compliance with the principle more effectively.

Proportionality test for new national regulations for professions

06-06-2018

In the European Union, the right to choose an occupation and to exercise a regulated profession is a fundamental right. While professions are regulated either at Union or at Member State level, the EU principles of proportionality and non-discrimination should be respected. The Parliament and the Council reached agreement in trilogue negotiations on the European Commission's proposal concerning a proportionality test before adoption of new measures for the regulation of professions. The agreement ...

In the European Union, the right to choose an occupation and to exercise a regulated profession is a fundamental right. While professions are regulated either at Union or at Member State level, the EU principles of proportionality and non-discrimination should be respected. The Parliament and the Council reached agreement in trilogue negotiations on the European Commission's proposal concerning a proportionality test before adoption of new measures for the regulation of professions. The agreement reached in March 2018 is scheduled to be voted by the Parliament at first reading during the June plenary session.

The role of the Basel Committee on Banking Supervision (BCBS)

20-10-2017

This briefing gives an overview of the role of the Basel Committee on Banking Supervision (BCBS) in setting international standards in banking regulation and supervision. It also raises the questions on how the preparatory work is organised in the European Union in order to enhance transparency and co-operation.

This briefing gives an overview of the role of the Basel Committee on Banking Supervision (BCBS) in setting international standards in banking regulation and supervision. It also raises the questions on how the preparatory work is organised in the European Union in order to enhance transparency and co-operation.

Parlament Ewropew: ir-relazzjonijiet mal-parlamenti nazzjonali

01-10-2017

Il-progress tal-integrazzjoni Ewropea biddel ir-rwol tal-parlamenti nazzjonali. Diversi strumenti ta' kooperazzjoni bejn il-Parlament Ewropew (PE) u l-parlamenti nazzjonali ġew introdotti bil-għan li jiggarantixxu skrutinju demokratiku effikaċi tal-leġiżlazzjoni Ewropea fil-livelli kollha. Din it-tendenza ssaħħet permezz tad-dispożizzjonijiet introdotti bit-Trattat ta' Lisbona.

Il-progress tal-integrazzjoni Ewropea biddel ir-rwol tal-parlamenti nazzjonali. Diversi strumenti ta' kooperazzjoni bejn il-Parlament Ewropew (PE) u l-parlamenti nazzjonali ġew introdotti bil-għan li jiggarantixxu skrutinju demokratiku effikaċi tal-leġiżlazzjoni Ewropea fil-livelli kollha. Din it-tendenza ssaħħet permezz tad-dispożizzjonijiet introdotti bit-Trattat ta' Lisbona.

Revision of the 'Eurovignette' directive

26-09-2017

The IA contains a wealth of information, data and research, both internal and external, but some parts of the complex analysis lack clarity and coherence. The extensive quantitative estimations are not always comparable in structure and thus difficult to relate to each other. The potential contribution of the options to the reduction of CO2 emissions and to the REFIT exercise remains vague, as well as their impact on SMEs. The IA concludes that higher revenues, better road quality and considerable ...

The IA contains a wealth of information, data and research, both internal and external, but some parts of the complex analysis lack clarity and coherence. The extensive quantitative estimations are not always comparable in structure and thus difficult to relate to each other. The potential contribution of the options to the reduction of CO2 emissions and to the REFIT exercise remains vague, as well as their impact on SMEs. The IA concludes that higher revenues, better road quality and considerable environmental and social benefits would compensate for the regulatory and compliance costs of the initiatives. At the same time, it acknowledges that under all options the impacts of the proposals are uncertain because the introduction of tolls remains voluntary and subject to national policy orientations.

Proportionality test before adoption of new regulation of professions

12-05-2017

In general, the IA appears to set out logical reasoning linking the problem, its underlying drivers, the objectives and the policy options to tackle the problem. It seems to be based on sound research and analysis, while nevertheless recognising that there are still data gaps to be filled. With regard to the analysis of impacts, a more targeted analysis of the likely impacts on SMEs might have been desirable. Also, the IA does not seem to identify operational objectives for its preferred policy option ...

In general, the IA appears to set out logical reasoning linking the problem, its underlying drivers, the objectives and the policy options to tackle the problem. It seems to be based on sound research and analysis, while nevertheless recognising that there are still data gaps to be filled. With regard to the analysis of impacts, a more targeted analysis of the likely impacts on SMEs might have been desirable. Also, the IA does not seem to identify operational objectives for its preferred policy option and corresponding monitoring indicators. More generally, a proof-reading of the final text, and different choices as to its organisation and presentation, would almost certainly have considerably improved the IA's clarity and readability and its effectiveness in supporting the policy choices made in the proposal.

The European services e-card

05-05-2017

The overall impression is that the IA provides a thorough analysis of the current problems encountered. The IA indicates the likely costs and benefits of the proposed options, which are grouped into four packages. The Commission makes clear that, where possible, quantitative estimations were provided of the impacts of reducing administrative burden and/or regulatory obstacles, but underscores that there are nevertheless many other factors which influence the levels of cross-border trade and investment ...

The overall impression is that the IA provides a thorough analysis of the current problems encountered. The IA indicates the likely costs and benefits of the proposed options, which are grouped into four packages. The Commission makes clear that, where possible, quantitative estimations were provided of the impacts of reducing administrative burden and/or regulatory obstacles, but underscores that there are nevertheless many other factors which influence the levels of cross-border trade and investment in services. While stakeholder consultation was broad, stakeholder support for most options is not readily apparent from the IA.

Avvenimenti fil-ġejjieni

28-10-2021
Workshop "Envisioning International Justice: what role for the ICC?"
Sessjoni ta' ħidma -
DROI
28-10-2021
Dual quality of goods in the Single Market
Smigħ -
IMCO
28-10-2021
Public hearing on the "Luxletters revelations"
Smigħ -
FISC

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