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Empowering national competition authorities (NCAs)

18-02-2019

Since 2003, national competition authorities (NCAs) have boosted the enforcement of EU competition and antitrust rules significantly. However, each year losses of €181-320 billion accrue because of undiscovered cartels, which increase prices by between 17 % and 30 % on average. In March 2017, the Commission proposed a new directive to ensure that all NCAs have effective investigation and decision-making tools, could impose deterrent fines, and have well-designed leniency programmes and enough resources ...

Since 2003, national competition authorities (NCAs) have boosted the enforcement of EU competition and antitrust rules significantly. However, each year losses of €181-320 billion accrue because of undiscovered cartels, which increase prices by between 17 % and 30 % on average. In March 2017, the Commission proposed a new directive to ensure that all NCAs have effective investigation and decision-making tools, could impose deterrent fines, and have well-designed leniency programmes and enough resources to enforce EU competition rules independently. On 30 May 2018, Parliament and Council reached an agreement on the proposal in trilogue. It increases the independence, resources and powers of NCAs and envisages more harmonisation of the national leniency programmes and reduced burdens on undertakings. Parliament adopted the text on 14 November 2018, the final act was signed on 11 December 2018. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Transposition of EU legislation into domestic law: Challenges faced by National Parliaments

21-11-2018

National Parliaments have emancipated themselves into the EU legislative process and have become more actively involved at the European level. This briefing provides an analysis of the role of National Parliaments in the process of transposition of EU legislation – a mere segment of the overall implementation process.

National Parliaments have emancipated themselves into the EU legislative process and have become more actively involved at the European level. This briefing provides an analysis of the role of National Parliaments in the process of transposition of EU legislation – a mere segment of the overall implementation process.

Autor externo

Wim Voermans, Professor of Constitutional and Administrative Law, Leiden University

Challenges in the implementation of EU Law at national level

15-11-2018

This briefing analyses specific implications of the better regulation package for the European Commission’s enforcement policy. It also assesses the current state of play of implementation of EU law using the latest available data. Additionally, it analyses the main barriers to effective implementation and how the EU institutions can assist national parliaments with these problems. Finally, it makes some key policy recommendations for further empowering national and EU institutions in ensuring timely ...

This briefing analyses specific implications of the better regulation package for the European Commission’s enforcement policy. It also assesses the current state of play of implementation of EU law using the latest available data. Additionally, it analyses the main barriers to effective implementation and how the EU institutions can assist national parliaments with these problems. Finally, it makes some key policy recommendations for further empowering national and EU institutions in ensuring timely and correct application of EU law.

Autor externo

Melanie Smith

Jurisdiction upon and after the UK’s withdrawal: The perspective from the UK Constitutional Order

10-01-2018

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this ...

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this agreement. It also looks on the role of domestic courts as well as the continued impact of CJEU -UK courts’ rulings. It finally looks into the relevant provisions on jurisdiction in the draft EU Withdrawal Bill currently debated in the UK Parliament.

Autor externo

Steve PEERS

The Victims' Rights Directive 2012/29/EU

14-12-2017

Directive 2012/29/EU establishing minimum standards for the rights, support and protection of victims of crime is an instrument of harmonisation that sets basic standards to be applied across the EU. It makes important procedural provisions regarding, for instance, the right to be heard, to understand and be understood, and the right to receive information, make a complaint and access support services. This study assesses the implementation of the directive and various aspects of its application: ...

Directive 2012/29/EU establishing minimum standards for the rights, support and protection of victims of crime is an instrument of harmonisation that sets basic standards to be applied across the EU. It makes important procedural provisions regarding, for instance, the right to be heard, to understand and be understood, and the right to receive information, make a complaint and access support services. This study assesses the implementation of the directive and various aspects of its application: legal transposition measures at Member State level, the practical implementation of the directive on the ground, and the benefits it has provided for victims, as well as the challenges encountered.

Autor externo

The opening analysis of the study (Part I) has been prepared by Amandine Scherrer and Ivana Kiendl Krišto (EPRS, EVAL Unit) . Part II of the study was prepared by the Centre for Strategy & Evaluation Services LLP (CSES).

Monitoring the implementation of EU law: tools and challenge

07-11-2017

This study was requested by the European Parliament’s Committee on Petitions. It was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs. The paper presents the evolution of the EU enforcement policy as part of the principle of rule of law in the European Union. It provides information on the main actors responsible for the implementation and enforcement of EU law and trends related to the transposition and application of European legislative ...

This study was requested by the European Parliament’s Committee on Petitions. It was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs. The paper presents the evolution of the EU enforcement policy as part of the principle of rule of law in the European Union. It provides information on the main actors responsible for the implementation and enforcement of EU law and trends related to the transposition and application of European legislative acts according to the latest information available. Finally, it browses through the different measures within the EU enforcement policy, including the recent developments regarding the use of EU Pilot tool.

Autor externo

Marta BALLESTEROS

Towards a circular economy-Waste management in the EU

25-09-2017

This STOA study explores waste management in the EU. Around one third of EU municipal waste was sent to landfill in 2012. To turn waste into a resource, waste management objectives must be aligned with the goals of a circular economy transition. This report highlights progress and challenges across Member States and in municipalities for (1) reducing waste, and (2) generating high-quality waste streams for re-use and recovery. It focuses on the current policy landscape, trends, and technologies for ...

This STOA study explores waste management in the EU. Around one third of EU municipal waste was sent to landfill in 2012. To turn waste into a resource, waste management objectives must be aligned with the goals of a circular economy transition. This report highlights progress and challenges across Member States and in municipalities for (1) reducing waste, and (2) generating high-quality waste streams for re-use and recovery. It focuses on the current policy landscape, trends, and technologies for the five waste streams identified in the European Commission´s Circular Economy Action Plan. Employment opportunities for the different steps of the waste hierarchy as well as future policy options are identified and discussed.

Autor externo

EPRS, DG

Research for TRAN Committee - Transport and Tourism in Sweden

28-07-2017

This overview of the transport and tourism sectors in Sweden was prepared to provide information for the mission of the Transport and Tourism Committee to Sweden (17-19 July 2017).

This overview of the transport and tourism sectors in Sweden was prepared to provide information for the mission of the Transport and Tourism Committee to Sweden (17-19 July 2017).

Preliminary reference procedure

06-07-2017

The preliminary reference procedure, provided for in Article 267 of the Treaty on the Functioning of the European Union (TFEU), is an institutionalised mechanism of dialogue between the Court of Justice of the European Union (CJEU) and national courts. This dialogue serves three principal purposes. First of all, to provide national courts with assistance on questions regarding the interpretation of EU law. Secondly, to contribute to a uniform application of EU law across the Union. Thirdly, to create ...

The preliminary reference procedure, provided for in Article 267 of the Treaty on the Functioning of the European Union (TFEU), is an institutionalised mechanism of dialogue between the Court of Justice of the European Union (CJEU) and national courts. This dialogue serves three principal purposes. First of all, to provide national courts with assistance on questions regarding the interpretation of EU law. Secondly, to contribute to a uniform application of EU law across the Union. Thirdly, to create an additional mechanism – on top of the action for annulment of an EU act (set out in Article 263 TFEU) – for an ex post verification of the conformity of acts of the EU institutions with primary EU law (the Treaties and general principles of EU law). The scope of the preliminary reference procedure covers the entire body of EU law with the exclusion of acts under common foreign and security policy and certain limitations in the area of judicial and police cooperation in criminal matters. EU law does not have a doctrine of binding precedent such as that entertained in common law countries. Therefore, a judgment of the CJEU in a preliminary reference procedure is, strictly speaking, binding only on the national court that submitted the question, as well as on other courts in the same domestic procedure. Nonetheless, CJEU judgments interpreting EU law enjoy an authority similar to those of national supreme courts in civil law countries – national courts interpreting EU law should take them into account. Furthermore, if the CJEU decides that an act of the EU institutions is illegal, no national court may find to the contrary and consider that act legal. The decision whether to submit a preliminary reference to the CJEU rests with the national court concerned. However, if it is a court of last instance and a question of interpretation of EU law or the validity of an act of the EU institutions is necessary to decide a question before it, that court must submit a question. If it refrains from doing so, the Member State concerned may be held liable for a breach of EU law. This briefing is one in a series aimed at explaining the activities of the CJEU.

Mutual Recognition Regulation

13-06-2017

The internal market for goods is one of the EU’s greatest achievements at European level, as well as one of its most important and continuing priorities. Despite its undeniable success, the single market has yet to reach its full potential, and barriers to free exchange of goods continue to limit opportunities for businesses and citizens. Since 2009, Regulation EC 764/2008, also known as the Mutual Recognition Regulation, has strengthened the free trade of goods within the EU. This regulation requires ...

The internal market for goods is one of the EU’s greatest achievements at European level, as well as one of its most important and continuing priorities. Despite its undeniable success, the single market has yet to reach its full potential, and barriers to free exchange of goods continue to limit opportunities for businesses and citizens. Since 2009, Regulation EC 764/2008, also known as the Mutual Recognition Regulation, has strengthened the free trade of goods within the EU. This regulation requires that all Member States provide information on their national technical rules for products lawfully marketed in another Member State and sets out a standard procedure for enforcing these rules. The European Commission is now preparing new measures aimed at improving this regulation and making it easier for businesses to market their products in another EU country. This briefing highlights some key elements of the single market for goods and focuses on the revision of Regulation EC 764/2008.

Futuros eventos

21-11-2019
Looking back on 1989: The Fight for Freedom
Outro evento -
EPRS
21-11-2019
Fourth Annual Forum on Comparative Law - Freedom of expression [...]
Outro evento -
EPRS

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