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Interpretation and implementation of Article 50 TEU Legal and institutional assessment

24-03-2021

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the constitutional and institutional challenges that the European Union faced during the Brexit negotiations, and analyses whether the current wording of Article 50 of the Treaty on European Union was applied in an adequate manner and allowed for an efficient and properly organised withdrawal procedure.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the constitutional and institutional challenges that the European Union faced during the Brexit negotiations, and analyses whether the current wording of Article 50 of the Treaty on European Union was applied in an adequate manner and allowed for an efficient and properly organised withdrawal procedure.

Externý autor

PAPAGEORGIOU Ioannis

CAN NATURE GET IT RIGHT? A Study on Rights of Nature in the European Context

01-03-2021

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of “Rights of Nature” (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of “Rights of Nature” (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ECtHR and CJEU case-law on access to justice in environmental decision-making. It emphasises, in particular, the need to strengthen the requirements for independent scientific evaluations in certain permit regimes under EU law. The study also highlights the crucial importance of promoting the role of civil society as watchdog over the implementation of EU environmental law by way of a wider access to justice via both the national courts and the CJEU, which is also in line with the political priorities for delivering the European Green Deal.

Search and rescue in the Mediterranean

12-01-2021

International law imposes an obligation to render assistance to persons and ships in distress at sea, which must be provided regardless of the persons' nationality or status or the circumstances in which they are found. These rules have to be applied without prejudice to the obligations deriving from international humanitarian law and international human rights law, including in particular the prohibition of refoulement. Search and rescue (SAR) and disembarkation activities of EU Member States are ...

International law imposes an obligation to render assistance to persons and ships in distress at sea, which must be provided regardless of the persons' nationality or status or the circumstances in which they are found. These rules have to be applied without prejudice to the obligations deriving from international humanitarian law and international human rights law, including in particular the prohibition of refoulement. Search and rescue (SAR) and disembarkation activities of EU Member States are currently not covered by a common EU legal framework, except for those activities carried out in the context of Frontex-led joint operations at sea. In recent years, a significant proportion of migrants and asylum-seekers in distress at sea have been rescued by EU naval operations, EU agencies and non-governmental organisations in the Mediterranean. Nevertheless, over the last couple of years, the Mediterranean Sea has also been the backdrop for the largest number of casualties and missing people. Lack of coordination in search and rescue activities, solitary action by individual countries and criminalisation of non-governmental organisations active in SAR in the Mediterranean lead to migrants being forced to stay for several days and sometimes weeks on boats. EU Member States and EU agencies (Frontex) have also been accused of pushbacks of asylum-seekers and other migrants to the high seas and towards Libya and Turkey. Individual actors dealing with boats of migrants have been a subject of strong criticism and legal action. Their accountability is, however, not always clear, the reason being varied application and interpretation of different bodies of international law. One solution, proposed by academics, could be the harmonisation of the fragmented legal regime for maritime interceptions.

Data subjects, digital surveillance, AI and the future of work

23-12-2020

The report provides an in-depth overview of the social, political and economic urgencies in identifying what we call the ‘new surveillance workplace’. The report assesses the range of technologies that are being introduced to monitor, track and, ultimately, watch workers, and looks at the immense changes they imbue in several arenas. How are institutions responding to the widespread uptake of new tracking technologies in workplaces, from the office, to the contact centre, to the factory? What are ...

The report provides an in-depth overview of the social, political and economic urgencies in identifying what we call the ‘new surveillance workplace’. The report assesses the range of technologies that are being introduced to monitor, track and, ultimately, watch workers, and looks at the immense changes they imbue in several arenas. How are institutions responding to the widespread uptake of new tracking technologies in workplaces, from the office, to the contact centre, to the factory? What are the parameters to protect the privacy and other rights of workers, given the unprecedented and ever-pervasive functions of monitoring technologies? The report evidences how and where new technologies are being implemented; looks at the impact that surveillance workspaces are having on the employment relationship and on workers themselves at the psychosocial level; and outlines the social, legal and institutional frameworks within which this is occurring, across the EU and beyond, ultimately arguing that more worker representation is necessary to protect the data rights of workers.

Externý autor

This study has been written by Associate Professor Dr Phoebe V. Moore, University of Leicester School of Business, United Kingdom, and Guest Research Fellow, Weizenbaum Institute, Wissenschaftszentrum für Sozialforschung, Berlin. The study was prepared at the request of the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.

Policy Departments’ Monthly Highlights - December 2020

10-12-2020

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. regional development, cohesion policy, COVID19, WTO, budget control, budget, economy, international affairs, international law, Schengen governance, single market, European court of Auditors, energy.

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. regional development, cohesion policy, COVID19, WTO, budget control, budget, economy, international affairs, international law, Schengen governance, single market, European court of Auditors, energy.

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.

Externý autor

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.

Assessing the potential impact of an EU-India trade agreement

01-07-2020

The EU and India are major actors in the international arena and the discussions over a possible Free Trade Agreement has been ongoing for several years. This study analyses the potential effects of an FTA between EU and India in a "Cost of Non Europe" perspective. The results of a quantitative simulation of a potential FTA in goods and services indicate that welfare gains from increased trade for both sides may be between € 8 billion and € 8.5 billion (0.03 % increase with respect to the baseline ...

The EU and India are major actors in the international arena and the discussions over a possible Free Trade Agreement has been ongoing for several years. This study analyses the potential effects of an FTA between EU and India in a "Cost of Non Europe" perspective. The results of a quantitative simulation of a potential FTA in goods and services indicate that welfare gains from increased trade for both sides may be between € 8 billion and € 8.5 billion (0.03 % increase with respect to the baseline for the EU and about 0.3 % for India). Furthermore, a qualitative analysis suggests that potential gains may appear from a coordinated EU action in addressing possible side effects, distributive impacts and externalities (such as inequalities, labour market effects, poverty and development implications, environmental issues) and from increased coordination in the provision of global public goods. By considering these aspects, the Cost of Non-Europe in the field may be larger.

Common minimum standards of civil procedure: European Added Value Assessment

28-11-2019

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing ...

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing EU common minimum standards of civil procedure could reduce annual costs for citizens and businesses in the European Union by as much as €4.7 to 7.9 billion per annum. The European added value could be potentially generated through reduction of fragmentation, simplification and filling gaps in the current EU procedural rules. Furthermore, EU common minimum standards would contribute towards building mutual trust between judicial authorities of different Member States. Increasing trust has the potential to enhance legal certainty and stability for citizens and businesses, further reduce uncertainty and delay costs.

International Agreements – Review and Monitoring Clauses - A Rolling Check-List

24-10-2019

This study provides an analysis and overview of the review and monitoring clauses, sunset clauses, consultation clauses and management and implementation clauses contained in bilateral and multilateral international agreements concluded between the EU and other countries, and in force as of 1 September 2019.

This study provides an analysis and overview of the review and monitoring clauses, sunset clauses, consultation clauses and management and implementation clauses contained in bilateral and multilateral international agreements concluded between the EU and other countries, and in force as of 1 September 2019.

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