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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 ...

For China, striking the right balance between using its abundant, cheap workforce as a competitive advantage and protecting labour rights has been a major challenge. Although China has developed a considerable body of law governing labour relations, there is still a huge gap between the labour rights on the statute books and those enjoyed by workers in practice. Over-riding economic interests to attract foreign investors and to boost economic growth have seriously undermined effective labour rights ...

This briefing, commissioned by the Policy Department on Citizens' Rights and Constitutional Affairs for the PETI committee, focuses on the Aarhus Convention, applicable to the EU and to all Member States. The Convention provides for rights to the public to access to information, participation in decision-making and access to justice in environmental matters. The Aarhus Convention Compliance Committee has found several EU Member States as well as the EU itself non-compliant with the Convention. Currently ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members ...

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted ...

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. It describes the practices and approaches in all EU Member States as regards the prevention and eradication of statelessness. For that purpose the different national practices are assessed in light of the relevant international and European standards. Since proper mechanisms to identify stateless populations are lacking in a majority of Member ...

The international community remains divided over a universally acceptable definition of terrorism. Despite broad consensus that the threat of terrorism needs to be addressed urgently, the positions adopted by individual countries, regional and international organisations have resulted in a patchwork of approaches. This is primarily due to diverging views on what constitutes terrorism, as opposed to exercising peoples' right to self-determination, as enshrined in the UN Charter.

The data protection regime in China

Poglobljena analiza 28-10-2015

This in-depth analysis was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. One cannot talk of a proper data protection regime in China, at least not as it is perceived in the EU. The international data protection fundamentals that may be derived from all relevant regulatory instruments in force today, namely the personal data processing principles and the individual rights to information, access and ...

Australia has established an asylum policy which has proved highly effective in deterring irregular migrants, but has attracted much criticism from human rights organisations. Its main drivers have been mandatory detention and offshore processing of asylum-seekers.