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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.

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

Corporate social responsibility (CSR) and its implementation into EU Company law

05-11-2020

Building on both European Union (EU) law and chosen Member States’ legislation, this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee aims at understanding to what extent Member States are supporting the development and the implementation of CSR strategies in the business community, with particular focus on due diligence requirements. It also attempts at providing some recommendations aimed at ...

Building on both European Union (EU) law and chosen Member States’ legislation, this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee aims at understanding to what extent Member States are supporting the development and the implementation of CSR strategies in the business community, with particular focus on due diligence requirements. It also attempts at providing some recommendations aimed at possibility developing a comprehensive and structured approach to CSR for the whole of the EU.

Externe auteur

Kletia Noti ; Prof. Federico Maria Mucciarelli; Dr Virginia dalla Pozza; Carlo Angelici Mattia PILLININI.

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

Intra-African Migration

28-10-2020

This study provides a broad perspective of the main trends in intra-African migration, emphasising its regional variations and complex drivers. The analysis is focussed on mapping and describing the structures – routes, hubs, settlements and sites of migration within the continent – as well as identifying the relevant infrastructures that facilitate these movements – ranging from road, railway and transportation networks to social connectivities and brokerage. The analysis not only of spaces and ...

This study provides a broad perspective of the main trends in intra-African migration, emphasising its regional variations and complex drivers. The analysis is focussed on mapping and describing the structures – routes, hubs, settlements and sites of migration within the continent – as well as identifying the relevant infrastructures that facilitate these movements – ranging from road, railway and transportation networks to social connectivities and brokerage. The analysis not only of spaces and flows, but also of infrastructure within these networks shows that there is a multiplicity of interrelations, interconnections and interdependences that need to be captured and understood in order to address both the potential and problems for intra-African migration. By grasping the ‘big picture’ of intra-African migration, policies and activities generated by both the African Union and the European Union will be capable of providing comprehensively integrated and tailored responses. Recommendations are directed towards: improving knowledge of the many structures and infrastructures, along with their articulations and functioning; identifying the negative and positive aspects of migration conducive to sustainable development; and addressing the present Africa-Europe polarisation of views through diplomacy and monitoring.

Externe auteur

Cristina UDELSMANN RODRIGUES, Jesper BJARNESEN

Four EU scenarios for governance in a post Covid-19 world

26-10-2020

Scarcity of medical equipment during the COVID-19 crisis, and the ensuing discussion on ‘reshoring’ certain industries back to Europe, have brought back an old dilemma. Namely, countries wish to be strategically independent while depending on products and resources from other countries to fulfil their economic needs. This reflects the debate about whether markets or governments are better at delivering solutions. We can also define this debate as a choice between ‘competitive capitalism’ and ‘strategic ...

Scarcity of medical equipment during the COVID-19 crisis, and the ensuing discussion on ‘reshoring’ certain industries back to Europe, have brought back an old dilemma. Namely, countries wish to be strategically independent while depending on products and resources from other countries to fulfil their economic needs. This reflects the debate about whether markets or governments are better at delivering solutions. We can also define this debate as a choice between ‘competitive capitalism’ and ‘strategic autonomy’. Calls for strategic autonomy have increased since the COVID-19 crisis, at national and EU level. However, strategic autonomy conflicts with the achievements of international cooperative governance. This introduces another dilemma: the choice between interests and values. Pursuing interests alone leads to a vicious cycle of increased competition between markets and between states, ultimately deteriorating into imperialism. Developing value-oriented actions at government and market level can break that vicious cycle. Value-oriented concepts already form part of many EU policies, which place substantial emphasis on environmental and social rights. When ethical values become an integral part of business and government decisions, this is called ‘due diligence’. We can define value-oriented international cooperation between governments as ‘cooperative governance’. Similarly, we can define ethical and value oriented action by private actors — whether NGOs or businesses — as ‘ethical capitalism’. Putting the two dichotomies on a grid creates a model of four possible scenarios for action which can aid our understanding of ongoing discussions on governance in a post COVID-19 world. EU policy makers could also use these scenarios as alternative ways of shaping EU and foreign policy. The management of natural resources, ranging from water, land, forests, energy resources and metals to rare earths, shows a counter-clockwise development through the scenarios. Moving away from unregulated markets, extraction and use were gradually regulated by national governments, who competed against each other in an imperialist setting. The transnational nature of economic and environmental problems has increasingly brought them into the scope of international cooperative governance. Ethical capitalism (changing market forces from within) is a relatively new development complementing government action. Progress through the scenarios is not always sequential: actors face pressures to switch between them. We can draw lessons for governance in a post COVID-19 world from the experiences of natural resources management. This study is the first on ´global trends in external policies´, aiming to develop forward-looking and strategic analyses.

Access to Abortion Services for Women in the EU - Slovakia

23-10-2020

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, provides basic information on access to abortion services in Slovakia. The legal status of abortions in the country is under permanent pressure despite the legally binding decision by the Constitutional Court back in 2007 which safeguarded women´s right to free choice. Eleven proposals to restrict abortion have been presented in the National ...

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, provides basic information on access to abortion services in Slovakia. The legal status of abortions in the country is under permanent pressure despite the legally binding decision by the Constitutional Court back in 2007 which safeguarded women´s right to free choice. Eleven proposals to restrict abortion have been presented in the National Parliament, in the last two years. Medical abortion is not available in the country, and together with conscientious objection applied in health services and current COVID-19 pandemics access to abortion services is further limited.

Externe auteur

Olga Pietruchova, independent gender equality expert, Slovakia.

Evaluating the EU’s Response to the US Global Gag Rule

30-09-2020

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, maps out the challenges the European Union faces in promoting sexual and reproductive health and rights and the prevention of gender based violence in its external action, especially in providing aid to developing countries against the backdrop of US Global Gag Rules.

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, maps out the challenges the European Union faces in promoting sexual and reproductive health and rights and the prevention of gender based violence in its external action, especially in providing aid to developing countries against the backdrop of US Global Gag Rules.

Externe auteur

Clara COTRONEO, Petra JENEY, European Institute of Public Administration

In the name of COVID: An Assessment of the Schengen Internal Border Controls and Travel Restrictions in the EU

30-09-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the mobility restrictive measures adopted by the EU and its Member States in the fight against COVID-19. It examines the reintroduction of Schengen internal border controls and intra- and extra-EU travel restrictions. It assesses their compatibility with the Schengen Borders Code, including proportionality, non-discrimination, privacy ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the mobility restrictive measures adopted by the EU and its Member States in the fight against COVID-19. It examines the reintroduction of Schengen internal border controls and intra- and extra-EU travel restrictions. It assesses their compatibility with the Schengen Borders Code, including proportionality, non-discrimination, privacy and free movement. The research demonstrates that policy priorities have moved from a logic of containment to one characterized by a policing approach on intra-EU mobility giving priority to the use of police identity/health checks, interoperable databases and the electronic surveillance of every traveller. It concludes that Schengen is not in 'crisis'. Instead there has been an ‘EU enforcement and evaluation gap’ of Member States compliance with EU rules in areas falling under EU competence.

Externe auteur

Sergio Carrera, Ngo Chun Luk

EU External Migration Policy and the Protection of Human Rights

28-09-2020

This in-depth analysis focuses on the human rights implications of EU external migration policy interventions: (1) identifying human rights obligations owed to third-country nationals when engaging in cooperation with third countries and non-EU actors; (2) assessing the means and level of compliance with these obligations when designing and implementing the main policy instruments; and (3) determining the existence and adequacy of operational, reporting, monitoring and accountability mechanisms available ...

This in-depth analysis focuses on the human rights implications of EU external migration policy interventions: (1) identifying human rights obligations owed to third-country nationals when engaging in cooperation with third countries and non-EU actors; (2) assessing the means and level of compliance with these obligations when designing and implementing the main policy instruments; and (3) determining the existence and adequacy of operational, reporting, monitoring and accountability mechanisms available in each case to track and respond to potential violations. Particular attention is paid to soft-law tools, on account of their enhanced potential to erode the enforceability of obligations, to downgrade democratic accountability and generally undermine the rule of law. Paving the way for the New Pact on Migration and Asylum, special emphasis is placed on cooperation under the Global Approach to Migration and Mobility, the EU Agenda on Migration and the Migration Partnership Framework, including informal arrangements concluded by Frontex or by the Member States themselves. Four case studies guide the analysis and illustrate findings: (1) the EU-Turkey Statement; (2) the multi-modal cooperation with Libya; (3) the Joint Way Forward with Afghanistan; and (4) collaboration with Niger under the EUCAP Sahel mission. The in-depth analysis reveals that the full effect of the EU fundamental rights acquis in extra-territorial situations has not been duly accounted for and proposes a system to ensure compliance with the relevant standards covering the pre-conclusion, design, adoption, implementation, evaluation and review phases, highlighting the role of the European Parliament and civil society organisations.

Externe auteur

Dr Violeta MORENO-LAX,

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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