19

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Asylum procedures at the border

13-11-2020

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of ...

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of an application is feasible. Furthermore, applicants are placed in detention or restricted in their freedom of movement without considering alternatives and deprived of opportunities to effectively exercise their procedural rights. A number of recommendations are made to address the shortcomings identified in future legal and practical arrangements for border procedures.

An EU mechanism on democracy, the rule of law and fundamental rights

30-09-2020

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring ...

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring and enforcement of EU values. An approximation of its potential positive effects on the EU economy indicates annual gains of €413 billion corresponding to 3.3 % of EU GDP, far outweighing the costs of its development.

Protecting EU common values within the Member States: An overview of monitoring, prevention and enforcement mechanisms at EU level

25-09-2020

This study analyses the existing and proposed mechanisms available to the institutions of the EU that may be deployed in order to monitor and enforce the observance of EU values by the Member States. More specifically, the study addresses the status and meaning of EU values (Article 2 TEU) and also discusses existing monitoring and preventive mechanisms (European Semester, EU Justice Scoreboard, Commission's rule of law framework, the Council's dialogues on the rule of law, and the preventive arm ...

This study analyses the existing and proposed mechanisms available to the institutions of the EU that may be deployed in order to monitor and enforce the observance of EU values by the Member States. More specifically, the study addresses the status and meaning of EU values (Article 2 TEU) and also discusses existing monitoring and preventive mechanisms (European Semester, EU Justice Scoreboard, Commission's rule of law framework, the Council's dialogues on the rule of law, and the preventive arm of Article 7 TEU) and enforcement mechanisms (preliminary reference rulings, infringement procedures and the sanctions arm of Article 7 TEU)). It also analyses a number of proposed mechanisms: the pact on democracy, the rule of law and fundamental rights; rule of law review cycle; reviewed Council dialogues on the rule of law; and the rule of law budgetary conditionality.

Addressing violations of democracy, the rule of law and fundamental rights

11-09-2020

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More ...

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More generally, the EU's response to DRF violations has so far not comprehensively tackled the problem. The status quo can result in impunity for criminal activities, as prosecutors are unwilling or unable to take on certain cases, as well as violations of human dignity and fundamental rights. It also denies opportunities for individuals to live out their human potential, and take advantage of economic opportunities, as well as eroding the basis for mutual trust among national administrative and judicial authorities. This Briefing puts forward a set of proposals aimed at enhancing the EU's resilience to DRF violations. It focuses in particular on possibilities for the European Parliament and national parliaments, with their dual mandate from EU citizens, to jointly strengthen their monitoring and investigative capabilities. In particular, they could build on their general resources to evaluate the implementation of (EU) law and further coordinate their tools to ensure the democratic accountability of Member State governments.

European Arrest Warrant

15-06-2020

This study provides an assessment and conclusions on the implementation of the FD EAW. It also contains recommendations on how to address the shortcomings identified, as per the request of the rapporteur. It is intended to contribute to the Parliament's discussions on this topic, improving understanding of the subject, and ultimately feeding into the implementation report. The study concludes that the FD EAW has simplified and sped up handover procedures, including for some high-profile cases of ...

This study provides an assessment and conclusions on the implementation of the FD EAW. It also contains recommendations on how to address the shortcomings identified, as per the request of the rapporteur. It is intended to contribute to the Parliament's discussions on this topic, improving understanding of the subject, and ultimately feeding into the implementation report. The study concludes that the FD EAW has simplified and sped up handover procedures, including for some high-profile cases of serious crime and terrorism. A number of outstanding challenges relate back to core debates concerning judicial independence, the nature of mutual recognition and its relationship with international and EU law and values, constitutional principles and additional harmonisation measures. Furthermore, there are gaps in effectiveness, efficiency and coherence with other measures and the application of digital tools. The study recommends targeted infringement proceedings, support to judicial authorities and hearing suspects via video-link where appropriate to avoid surrender whilst ensuring the effective exercise of defence rights, as well as a range of measures aimed at achieving humane treatment of prisoners. In the medium term, for reasons of legitimacy, legal certainty and coherence, it recommends a review of the FD EAW as part of an EU judicial cooperation code in criminal matters.

European added value of an EU mechanism on democracy, the rule of law and fundamental rights - Preliminary assessment

23-04-2020

This preliminary European Added Value Assessment provides a comparison of the main features of the methodologies proposed by the European Parliament and the Commission on monitoring compliance with EU values. It reveals that though the Commission has made a significant step towards Parliament's position, four key differences in their approach remain. These notably relate to what is assessed, by whom and which follow-up is to be provided. The Parliament calls for an interinstitutional agreement in ...

This preliminary European Added Value Assessment provides a comparison of the main features of the methodologies proposed by the European Parliament and the Commission on monitoring compliance with EU values. It reveals that though the Commission has made a significant step towards Parliament's position, four key differences in their approach remain. These notably relate to what is assessed, by whom and which follow-up is to be provided. The Parliament calls for an interinstitutional agreement in accordance with which a Panel of Independent Experts should assess the state of democracy, the rule of law and fundamental rights in the Member States. Based on this Report the Parliament and national parliaments as well the Council should be able to recommend follow up action to the Commission in terms of monitoring and enforcement. The Commission takes a more limited analysis of the rule of law into its own hands, relying on a network of Member State contact points. In view of its prerogatives, the Commission does not wish to be bound to a certain follow up.

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.

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.

Area of freedom, security and justice: Cost of Non-Europe

08-05-2019

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They ...

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They also have a negative effect on budgetary spending, growth and tax revenue, which is estimated at at least €180 billion annually, with the lack of enforcement of EU values still to be assessed in more detail. Further EU action in four main areas: 1. monitoring and enforcement; 2. the creation of safe legal pathways for migrants and asylum seekers to enter the EU; 3. ingraining a European law enforcement culture; and 4. completing the Union’s fundamental rights framework, would have significant benefits. In particular, it could allow individuals to fully enjoy their fundamental rights and make EU society more secure, open, fair and prosperous. This would also foster trust in the EU on the basis of its ability to deliver on its aims

The cost of non-Europe in the area of legal migration

14-03-2019

Further EU action in the area of legal migration could address obstacles experienced by Third Country Nationals within the European Union. Depending on the policy option pursued these options could result in up to €21,75 billion in benefits. Further gains could be made by addressing the fragmented national policies in this area, which are currently undermining ability of the EU as a whole to attract the workers and researchers it needs.

Further EU action in the area of legal migration could address obstacles experienced by Third Country Nationals within the European Union. Depending on the policy option pursued these options could result in up to €21,75 billion in benefits. Further gains could be made by addressing the fragmented national policies in this area, which are currently undermining ability of the EU as a whole to attract the workers and researchers it needs.

Kommande evenemang

30-11-2020
EPRS online Book Talk | How to own the room (and the zoom) [...]
Övrigt -
EPRS
30-11-2020
Hearing on Future-proofing the Tourism Sector: Challenges and Opportunities Ahead
Utfrågning -
TRAN
30-11-2020
LIBE - FEMM Joint Hearing: Combating Gender based Violence: Cyber Violence
Utfrågning -
FEMM LIBE

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