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The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

The markets in crypto assets (MiCA) proposal intends to adapt to the latest technological trends in the FinTech sector. The briefing analyses the strengths and weaknesses of the impact assessment (IA) accompanying the MiCA and DLT proposals. The IA is quite technical and difficult to read for a non-expert. The policy options were compared against the criteria of effectiveness, efficiency and coherence, but not against proportionality, which is required by the better regulation guidelines. The preferred ...

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, sought to harmonise the way in which ...

The principle of subsidiarity requires decisions to be taken at the lowest practical level of government without, however, jeopardising mutually beneficial cooperation at the supranational level. Recent decades have seen efforts to strengthen the subsidiarity principle in EU law, including the introduction of the well-known early warning mechanism (EWM) for national parliaments. At the same time, the principle of subsidiarity remains a contested notion. This has important implications for the regulatory ...

In the European Union, the right to choose an occupation and to exercise a regulated profession is a fundamental right. While professions are regulated either at Union or at Member State level, the EU principles of proportionality and non-discrimination should be respected. The Parliament and the Council reached agreement in trilogue negotiations on the European Commission's proposal concerning a proportionality test before adoption of new measures for the regulation of professions. The agreement ...

This briefing gives an overview of the role of the Basel Committee on Banking Supervision (BCBS) in setting international standards in banking regulation and supervision. It also raises the questions on how the preparatory work is organised in the European Union in order to enhance transparency and co-operation.

Napredek na področju evropske integracije je spremenil vlogo nacionalnih parlamentov. Uvedeni so bili različni instrumenti sodelovanja med Evropskim parlamentom in nacionalnimi parlamenti, namenjeni učinkovitemu demokratičnemu nadzoru evropske zakonodaje na vseh ravneh. Ta trend se je okrepil z določbami, uvedenimi z Lizbonsko pogodbo.

The IA contains a wealth of information, data and research, both internal and external, but some parts of the complex analysis lack clarity and coherence. The extensive quantitative estimations are not always comparable in structure and thus difficult to relate to each other. The potential contribution of the options to the reduction of CO2 emissions and to the REFIT exercise remains vague, as well as their impact on SMEs. The IA concludes that higher revenues, better road quality and considerable ...

In general, the IA appears to set out logical reasoning linking the problem, its underlying drivers, the objectives and the policy options to tackle the problem. It seems to be based on sound research and analysis, while nevertheless recognising that there are still data gaps to be filled. With regard to the analysis of impacts, a more targeted analysis of the likely impacts on SMEs might have been desirable. Also, the IA does not seem to identify operational objectives for its preferred policy option ...

The European services e-card

Briefing 05-05-2017

The overall impression is that the IA provides a thorough analysis of the current problems encountered. The IA indicates the likely costs and benefits of the proposed options, which are grouped into four packages. The Commission makes clear that, where possible, quantitative estimations were provided of the impacts of reducing administrative burden and/or regulatory obstacles, but underscores that there are nevertheless many other factors which influence the levels of cross-border trade and investment ...