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Towards a common EU approach to lifting coronavirus-related restrictions on freedom of movement

26-11-2020

In an effort to tackle the second wave of the coronavirus outbreak, EU Member States started reinstating restrictions on the freedom of movement in October 2020. To prevent a new series of severe and uncoordinated restrictions at countries' internal borders similar to those of March this year, there have been renewed efforts at the EU level to establish a coordinated approach towards coronavirus-related restrictions on movement. While the focus is now on the ongoing health crisis, concerns about ...

In an effort to tackle the second wave of the coronavirus outbreak, EU Member States started reinstating restrictions on the freedom of movement in October 2020. To prevent a new series of severe and uncoordinated restrictions at countries' internal borders similar to those of March this year, there have been renewed efforts at the EU level to establish a coordinated approach towards coronavirus-related restrictions on movement. While the focus is now on the ongoing health crisis, concerns about the functioning of the Schengen area of free movement predate the pandemic. As recent terrorist attacks in Europe remind us, scant progress and unfinished reforms in the area of migration, external borders and security both weaken and threaten to undo the important achievements of Schengen cooperation. This briefing discusses the key steps taken by the EU to develop a common response to the above challenges and thus to safeguard the Schengen area. It provides an overview of the main restrictions on movement imposed by EU and Schengen countries as of 25 November 2020. Since contact-tracing apps have been promoted as a key tool in combating the pandemic and restoring freedom of movement, this briefing also provides an overview of the existing coronavirus applications in the EU Member States and their interoperability across borders.

The rights of LGBTI people in the European Union

20-11-2020

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, healthcare, education or access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship, or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies, and is the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally the preserve of Member States, such as marital status and family law. This is a further updated version of a briefing originally drafted by Piotr Bakowski. The previous edition was published in May 2019.

Policy Departments’ Monthly Highlights - November 2020

20-11-2020

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.

Screening of third-country nationals at the EU external borders

17-11-2020

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised ...

In September 2020, the Commission put forward a new pact on migration and asylum, setting out a comprehensive approach to European Union (EU) migration policies that links external borders, asylum, return systems, the Schengen area of free movement and the external dimension of migration. The pact includes a proposal for a new regulation on the screening of third-country nationals at external borders aiming to clarify and streamline the rules on dealing with third-country nationals who are not authorised to enter or stay in the EU. The proposal would introduce a pre-entry screening procedure allowing national authorities at external borders to channel irregular third-country nationals to the appropriate procedure, i.e. asylum or return procedures. The screening would start with preliminary health and vulnerability checks and finish with the transmission of a debriefing form to the appropriate authorities. The proposal would provide for the establishment, by each Member State, of an independent monitoring mechanism for fundamental rights. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Asylum procedures at the border

13-11-2020

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of ...

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of an application is feasible. Furthermore, applicants are placed in detention or restricted in their freedom of movement without considering alternatives and deprived of opportunities to effectively exercise their procedural rights. A number of recommendations are made to address the shortcomings identified in future legal and practical arrangements for border procedures.

40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child

06-11-2020

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of ...

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of view, how the parents and children see the process. The paper concludes that in order to protect the interest of the child, the 1980 Convention should be maintained with restricted exceptions, but more should be done in terms of prevention. The new measures should include, in particular, harmonisation of the relocation proceedings and principles, enforceability of mediation agreements, and increasing of the autonomy of the parties through the inclusion of residence and custody plans in prenuptial agreements.

Externe auteur

Adriana DE RUITER

THE CHILD PERSPECTIVE IN THE CONTEXT OF THE 1980 HAGUE CONVENTION

31-10-2020

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical ...

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical research relating to the effects and consequences of child abduction to discuss the opportunities for children and young people to participate within Convention proceedings, and highlights the international obligations for such participation within the United Nations Convention on the Rights of the Child, The Charter of Fundamental Rights of the European Union, and other regional instruments. Different jurisdictional approaches are explained, and the role of culture in this context is probed. The impact of COVID-19 on abducted children is also explored.

Externe auteur

Marilyn FREEMAN

Reforming asylum and migration management

30-10-2020

In September 2020, the European Commission submitted a proposal on asylum and migration management, to replace the 2013 Dublin Regulation that determines the EU Member State responsible for examining asylum applications. While the proposal 'essentially preserves' the current criteria for determining this responsibility, it would also make changes and additions to the regulation, especially on solidarity and responsibility-sharing for asylum-seekers among Member States. The proposal comes after a ...

In September 2020, the European Commission submitted a proposal on asylum and migration management, to replace the 2013 Dublin Regulation that determines the EU Member State responsible for examining asylum applications. While the proposal 'essentially preserves' the current criteria for determining this responsibility, it would also make changes and additions to the regulation, especially on solidarity and responsibility-sharing for asylum-seekers among Member States. The proposal comes after a failed attempt to reform EU asylum policy following the 2015 migration crisis. While the migratory context has changed since, both in terms of arrivals and the composition of flows, the migration situation remains fragile, as evidenced by pressures on national asylum systems and continual disembarkations after search and rescue operations. According to the Commission, addressing this situation requires a relaunch of the reform of the common European asylum system to achieve a more efficient, fair and harmonised framework that is more resistant to future migratory pressures. The new system would ensure international protection to those who need it and be effective and humane towards those who have to be returned. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Key issues in the European Council: State of play in October 2020

15-10-2020

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges ...

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges in the various policy fields.

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).

Toekomstige activiteiten

30-11-2020
EPRS online Book Talk | How to own the room (and the zoom) [...]
Diverse activiteiten -
EPRS
30-11-2020
Hearing on Future-proofing the Tourism Sector: Challenges and Opportunities Ahead
Hoorzitting -
TRAN
30-11-2020
LIBE - FEMM Joint Hearing: Combating Gender based Violence: Cyber Violence
Hoorzitting -
FEMM LIBE

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