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European arrest warrant

19-02-2020

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

Parliament's right of legislative initiative

12-02-2020

The European Commission has a near monopoly on legislative initiative in the European Union (EU), with special initiative rights for other institutions applying only in certain specific cases. However, the European Parliament and the Council may invite the Commission to submit legislative proposals. Whilst this 'indirect' initiative right does not create an obligation on the Commission to propose the legislation requested, the Treaty of Lisbon codified the Commission's obligation to provide reasons ...

The European Commission has a near monopoly on legislative initiative in the European Union (EU), with special initiative rights for other institutions applying only in certain specific cases. However, the European Parliament and the Council may invite the Commission to submit legislative proposals. Whilst this 'indirect' initiative right does not create an obligation on the Commission to propose the legislation requested, the Treaty of Lisbon codified the Commission's obligation to provide reasons for any refusal to follow a parliamentary initiative. Against this backdrop, some argue that Parliament could take the Commission to the Court of Justice of the EU if it fails to justify a negative decision. Others see Parliament's increasing participation in overall political planning – particularly through negotiations on the Commission's annual work programme (CWP) – as a further channel for Parliament to increase its influence on EU legislation. It is thus argued that the increased role of Parliament in the legislative procedure should have reduced the need for its Members to make use of legislative initiatives. Notwithstanding that, there is a trend towards greater use of formal parliamentary legislative initiatives to assert greater influence on the political process. Most recently, in her inaugural address in July 2019 and in her Political Guidelines, the then newly elected President of the European Commission, Ursula von der Leyen, pledged to strengthen the partnership with the European Parliament, inter alia, by responding with a proposal for a legislative act whenever Parliament, acting by a majority of its members, adopts a resolution requesting that the Commission submit legislative proposals. She added that this commitment would have to be in full respect of the proportionality, subsidiarity and better law-making principles. President von der Leyen also declared herself supportive of moves towards recognition of a right for Parliament of legislative initiative. This briefing is an update of a European Parliament Library briefing from 2013, by Eva-Maria Poptcheva.

Ten issues to watch in 2020

06-01-2020

This is the fourth edition of an annual EPRS publication designed to identify and frame some of the key issues and policy areas that are likely to feature prominently on the political agenda of the European Union over the coming year. The topics analysed are biodiversity, EU policies for children, the 5G era, the price for energy transition, 'gamification' of EU democracy, finding solutions for asylum policy, the EU's long-term budget, climate action, the US elections, and the Arctic.

This is the fourth edition of an annual EPRS publication designed to identify and frame some of the key issues and policy areas that are likely to feature prominently on the political agenda of the European Union over the coming year. The topics analysed are biodiversity, EU policies for children, the 5G era, the price for energy transition, 'gamification' of EU democracy, finding solutions for asylum policy, the EU's long-term budget, climate action, the US elections, and the Arctic.

Wybór Europejskiego Rzecznika Praw Obywatelskich

10-12-2019

W grudniu Parlament Europejski ma wybrać Europejskiego Rzecznika Praw Obywatelskich na nową kadencję parlamentarną po publicznym wysłuchaniu kandydatów przez Komisję Petycji (PETI). O stanowisko to ubiega się pięciu kandydatów: Giuseppe Fortunato (Włochy), Rzecznik Praw Obywatelskich Regionu Kampania; Julia Laffranque (Estonia), sędzia w Europejskim Trybunale Praw Człowieka; Nils Muižnieks (Łotwa), były Komisarz Praw Człowieka Rady Europy; Emily O'Reilly (Irlandia), urzędująca Europejska Rzecznik ...

W grudniu Parlament Europejski ma wybrać Europejskiego Rzecznika Praw Obywatelskich na nową kadencję parlamentarną po publicznym wysłuchaniu kandydatów przez Komisję Petycji (PETI). O stanowisko to ubiega się pięciu kandydatów: Giuseppe Fortunato (Włochy), Rzecznik Praw Obywatelskich Regionu Kampania; Julia Laffranque (Estonia), sędzia w Europejskim Trybunale Praw Człowieka; Nils Muižnieks (Łotwa), były Komisarz Praw Człowieka Rady Europy; Emily O'Reilly (Irlandia), urzędująca Europejska Rzecznik Praw Obywatelskich (od 2014 r.); oraz Cecilia Wikström (Szwecja), była posłanka do Parlamentu Europejskiego i przewodnicząca komisji PETI.

The European Council under the Lisbon Treaty: How has the institution evolved since 2009?

04-12-2019

On 1 December 2009, with the coming into force of the Treaty of Lisbon, the European Council became a formal EU institution. Ten years later, the European Council is seen by many as representing the centre of gravity of the EU's institutional framework. However, was this development purely the result of the changes to the Treaties made with Lisbon or did it happen naturally over time? This study analyses both the formal changes brought about by the Lisbon Treaty and the incremental evolution resulting ...

On 1 December 2009, with the coming into force of the Treaty of Lisbon, the European Council became a formal EU institution. Ten years later, the European Council is seen by many as representing the centre of gravity of the EU's institutional framework. However, was this development purely the result of the changes to the Treaties made with Lisbon or did it happen naturally over time? This study analyses both the formal changes brought about by the Lisbon Treaty and the incremental evolution resulting from the institution's day-to-day practice, including the European Council's behaviour during the various crises of the last decade. It outlines the responsibilities envisaged for the European Council in the Treaty and the informal roles it has taken on over time. It explores the extent to which the Lisbon Treaty changed the functioning of the European Council, and how EU leaders themselves tried to optimise the working methods of their institution. Special attention is to the new position of full-time European Council President and the way in which the first two incumbents have interpreted their office. The analysis concludes that, while the EU’s various crises strongly contributed to the rise of the European Council, the Lisbon Treaty united two previously separate dimensions – the political and the legal, formally adding new competences to the role already performed by the EU Heads of State or Government. Many of these competences have yet to be fully exploited and represent a rich seam of unused Treaty potential for the future.

Preparing the Conference on the Future of Europe

03-12-2019

After the many debates and declarations of principles on the future of Europe of recent years, the time for a more structured reflection on the future of Europe's development has arrived. The new President of the European Commission, Ursula von der Leyen has pledged to establish a Conference on the Future of Europe, in an effort to give new impulse to European construction and bring Europe closer to citizens. At this stage, details of this initiative are still up for discussion. For Dubravka Šuica ...

After the many debates and declarations of principles on the future of Europe of recent years, the time for a more structured reflection on the future of Europe's development has arrived. The new President of the European Commission, Ursula von der Leyen has pledged to establish a Conference on the Future of Europe, in an effort to give new impulse to European construction and bring Europe closer to citizens. At this stage, details of this initiative are still up for discussion. For Dubravka Šuica, the Commissioner who will take charge of the process, the inclusion of all citizens' voices will be an essential characteristic of the Conference. However, how to ensure that European citizens are properly represented remains to be clarified. Preparation of the Conference, in von der Leyen's approach, will follow three steps: first, the elaboration of the concept, structure, timing and scope with Parliament and Council; then, design of a means to ensure that citizens participate as much as possible, including by fostering online participation for younger people; and last, making sure that appropriate follow-up is provided to the actions agreed by the Conference. The Parliament has created a working group to contribute to the design of the Conference, in particular in respect of its structure, with a view to a vote in plenary. Parliament's Committee on Constitutional Affairs (AFCO) has also launched discussions, confirming the eagerness of Parliament and its political bodies to play an active part from the beginning of this process. The Conference on the Future of Europe should be an excellent opportunity to engage in more structured debate, with the intention to find concrete proposals to improve the way in which the EU works not only in terms of institutional dynamics, but also of its policies. Some have however cautioned that the initiative needs to be carried out with the utmost care, in particular on the follow-up to be given to its outcomes, so that it can remain a meaningful endeavour.

Commitments made at the hearing of Maroš ŠEFČOVIČ, Vice-President-designate - Interinstitutional Relations and Foresight

22-11-2019

This briefing includes a series of quotes, which make reference to the oral commitments made during the hearing of Vice-President-designate for Interinstitutional Relations and Foresight Maroš Šefčovič.

This briefing includes a series of quotes, which make reference to the oral commitments made during the hearing of Vice-President-designate for Interinstitutional Relations and Foresight Maroš Šefčovič.

Rule of law [What Think Tanks are thinking]

15-11-2019

The European Union is a community of law, with the rule of law being a basic value since the Union's inception. The President-elect of the European Commission, Ursula von der Leyen, has confirmed a strong commitment to uphold the rule of law, which remains a shared responsibility for all EU institutions and all Member States. However, developments in several EU Member States – for example Czechia, Hungary, Poland, Slovakia and Malta – have raised concerns over how far this commitment is actualy being ...

The European Union is a community of law, with the rule of law being a basic value since the Union's inception. The President-elect of the European Commission, Ursula von der Leyen, has confirmed a strong commitment to uphold the rule of law, which remains a shared responsibility for all EU institutions and all Member States. However, developments in several EU Member States – for example Czechia, Hungary, Poland, Slovakia and Malta – have raised concerns over how far this commitment is actualy being observed in practice, sparking a lively debate across the EU and action in the EU institutions themselves. This note offers links to recent commentaries, studies and reports from major international think tanks on the rule of law debate.

La libertà di espressione, una prospettiva di diritto comparato - Unione europea

13-11-2019

Il presente studio fa parte di un progetto più ampio il cui scopo è quello di analizzare, nella prospettiva del diritto comparato, la libertà di espressione in diversi ordinamenti giuridici. Le pagine descrivono, in relazione all'Unione europea e in relazione all'oggetto dello studio, la legislazione in vigore, la giurisprudenza più significativa e il concetto di libertà di espressione con i suoi limiti attuali e futuri, per concludersi con alcune considerazioni riguardo a possibili soluzioni alle ...

Il presente studio fa parte di un progetto più ampio il cui scopo è quello di analizzare, nella prospettiva del diritto comparato, la libertà di espressione in diversi ordinamenti giuridici. Le pagine descrivono, in relazione all'Unione europea e in relazione all'oggetto dello studio, la legislazione in vigore, la giurisprudenza più significativa e il concetto di libertà di espressione con i suoi limiti attuali e futuri, per concludersi con alcune considerazioni riguardo a possibili soluzioni alle sfide future. Verranno in particolare analizzate le varie forme in cui si articola la libertà di espressione (libertà di opinione, libertà di parola, libertà di comunicare o ricevere informazioni o idee), mettendo in luce la necessità di individuare, da parte delle istituzioni dell’Unione europea, nuove forme di tutela, nel contemperamento dei diversi interessi coinvolti, anche alla luce della rapida evoluzione tecnologica che ha interessato i mezzi di comunicazione e del sempre più diffuso utilizzo dei social media.

Autorzy zewnętrzni

Questo studio è stato scritto dal Prof. Dr. Vincenzo Salvatore, Università degli Studi dell’Insubria, Varese (Italia), su richiesta della Unità Biblioteca di diritto comparato, Direzione generale dei Servizi di ricerca parlamentare (DG EPRS), Segretariato generale del Parlamento europeo.

Action for annulment of an EU act

08-11-2019

An action for annulment is a legal procedure before the Court of Justice that guarantees the conformity of EU legislative acts, regulatory acts and individual acts with the superior rules of the EU legal order. An action can be brought within two months of the publication or notification of the contested measure. Applicants are divided into three categories: privileged, semi-privileged and non-privileged. Privileged applicants – the Member States, Parliament, Commission and Council – may bring an ...

An action for annulment is a legal procedure before the Court of Justice that guarantees the conformity of EU legislative acts, regulatory acts and individual acts with the superior rules of the EU legal order. An action can be brought within two months of the publication or notification of the contested measure. Applicants are divided into three categories: privileged, semi-privileged and non-privileged. Privileged applicants – the Member States, Parliament, Commission and Council – may bring an action for annulment purely in the interests of legality, without proving any particular interest. Semi-privileged applicants – comprising the European Committee of the Regions, the European Central Bank and the European Court of Auditors – may bring an action for annulment only to protect their own prerogatives. Finally, non-privileged applicants, comprising all natural and legal persons, including regional or local governments, may bring an action for annulment only if they prove that the contested act infringes upon their interests. More specifically, they may bring an action against an act addressed to them, or – if it is not addressed to them – if it is of direct and individual concern to them, as well as against a regulatory act that is of direct concern to them and does not entail implementing measures. The Treaty provides five grounds for annulment, i.e. reasons for which the Court may declare an EU act to be null and void. These are lack of competence; infringement of an essential procedural requirement; infringement of the Treaties; infringement of a rule relating to the application of the Treaties; and, finally, misuse of powers. If the Court finds the action well founded, it declares the nullity of the contested act, which, in principle, is considered null from the moment of its adoption. However, the Court may decide that some effects of the contested act should, nonetheless, remain in force in the interests of protecting legitimate interests and legal security.

Planowane wydarzenia

03-03-2020
Demographic Outlook for the EU in 2020: Understanding population trends in the EU
Inne wydarzenie -
EPRS
05-03-2020
Has the EU become a regulatory superpower? How it's rules are shaping global markets
Inne wydarzenie -
EPRS

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