7

tulos(ta)

Hakusana(t)
Julkaisutyyppi
Toimiala
Laatija
Hakusana
Päivämäärä

Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 update

21-12-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, aims to update the 2016 study “Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants”. It takes stock of and examines the latest developments that have taken place since 2016, specifically the legislative and policy changes, along with various forms and cases of criminalisation of ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, aims to update the 2016 study “Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants”. It takes stock of and examines the latest developments that have taken place since 2016, specifically the legislative and policy changes, along with various forms and cases of criminalisation of humanitarian actors, migrants’ family members and basic service providers. The study uses the notion of ‘policing humanitarianism’ to describe not only cases of formal prosecution and sentencing in criminal justice procedures, but also wider dynamics of suspicion, intimidation, harassment and disciplining in five selected Member States – Belgium, France, Greece, Hungary and Italy. Policing humanitarianism negatively affects EU citizens’ rights – such as the freedom of assembly, freedom of speech and freedom of conscience. When civil society is effectively (self-)silenced and its accountability role undermined, policies to combat migrant smuggling may be overused and give rise to serious breaches of the EU’s founding values, notably the rule of law, democracy and fundamental rights. Moreover, policing humanitarianism negatively affects wider societal trust and diverts the limited resources of law enforcement from investigating more serious crimes.

Ulkopuolinen laatija

Sergio CARRERA (scientific coordinator), CEPS and the Migration Policy Centre – European University Institute Lina VOSYLIUTE, CEPS Stephanie SMIALOWSKI, CEPS Dr Jennifer ALLSOPP, Postdoctoral Research Fellow, Migration Leadership Team, London International Development Centre, SOAS University of London Gabriella SANCHEZ, Migration Policy Centre – European University Institute

Mutual recognition of freezing and confiscation orders

12-12-2018

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, ...

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, provisional agreement was reached in interinstitutional negotiations and the European Parliament voted the agreed text on 4 October 2018. The Council followed suit on 6 November 2018. The final act was signed on 14 November and published in the Official Journal of the EU on 28 November 2018. The regulation will apply 24 months after its entry into force, namely from 19 December 2020. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Mutual recognition of freezing and confiscation orders

20-06-2017

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out ...

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out. The IA does not explain clearly how addressing the deficiencies in the existing EU legislation and its implementation would increase recovery of criminal assets in cross-border cases, as there is a general lack of data in this policy context. As for the options proposed, the IA could perhaps have clarified why sub-options 4a and 4b were discussed jointly, whereas option 3 was presented as a stand-alone option. In addition to this, the regulatory options could have been checked in the light of the principle of subsidiarity. The IA could have explained in more detail what it means by 'harmonised grounds for non-recognition based on fundamental rights', which seem not to have been included in articles 9 and 18 of the proposal. In general, the choice of legal instrument is left outside the scope of the impact analysis and the choice in favour of a regulation seems rather pre-determined. The IA could have addressed the impact of adopting a regulation on those 12 Member States that currently have more restrictive approaches to confiscation. Finally, it could have stated whether stakeholders were consulted on the choice of instrument, and how the preferred option accommodates the divergent views of the stakeholders on the issue of mutual recognition as an alternative to further harmonisation.

Civilian and Military Personnel in CSDP Missions and Operations

16-02-2017

The workshop was organised on January 26, 2017 at the initiative of the Subcommittee on Security and Defence (SEDE) with the aim to highlight trends, challenges and recommendations regarding civilian and military personnel deployed in CSDP missions and operations in particular in the areas of force generation, training and the national follow-up on crimes and offences perpetrated during deployment. Annalisa Creta is research fellow of the Sant’Anna School of Advanced Studies in Italy, specialised ...

The workshop was organised on January 26, 2017 at the initiative of the Subcommittee on Security and Defence (SEDE) with the aim to highlight trends, challenges and recommendations regarding civilian and military personnel deployed in CSDP missions and operations in particular in the areas of force generation, training and the national follow-up on crimes and offences perpetrated during deployment. Annalisa Creta is research fellow of the Sant’Anna School of Advanced Studies in Italy, specialised in civilian crisis management with a particular focus on training issues. Petteri Taitto is affiliated with the Laurea University of Applied Sciences in Finland as principal scientist. Alberto di Martino is full professor of criminal law at the Sant’Anna School of Advanced Studies in Italy.

Ulkopuolinen laatija

Annalisa CRETA, Alberto di MARTINO, Mark NEMEDI (Sant’Anna School of Advanced Studies, Pisa, Italy) and Petteri TAITTO (Laurea University of Applied Sciences, Vantaa, Finland) The paper has been developed under the overall scientific supervision of Andrea de Guttry (DIRPOLIS Institute, Sant’Anna School of Advanced Studies, Pisa, Italy)

European Arrest Warrant (EAW)

23-06-2014

In February 2014, with an overwhelming majority, the European Parliament adopted a resolution calling on the Commission to submit legislative proposals aimed at improving the functioning of the European Arrest Warrant. In Parliament’s opinion, revision of the current legislation is needed to prevent miscarriages of justice, long waits in pre-trial detention and other breaches of suspects ‘ human rights. The arguments supporting Parliament’s position are set out in detail in the European Added Value ...

In February 2014, with an overwhelming majority, the European Parliament adopted a resolution calling on the Commission to submit legislative proposals aimed at improving the functioning of the European Arrest Warrant. In Parliament’s opinion, revision of the current legislation is needed to prevent miscarriages of justice, long waits in pre-trial detention and other breaches of suspects ‘ human rights. The arguments supporting Parliament’s position are set out in detail in the European Added Value Assessment accompanying the resolution.

The Economic, Financial & Social Impacts of Organised Crime in the EU

16-09-2013

The aim of the study is to generate a best estimate for the economic, financial and social costs of organised crime in and against the EU and to inform an evidence-based understanding of the associated issues. As so much uncertainty and known intra-EU and inter-crime variation exist, the study refrains from trying to create an aggregate figure for the costs of organised crime and responses to it in the EU as a whole and, instead, where possible, produces estimates for selected offenses. The study ...

The aim of the study is to generate a best estimate for the economic, financial and social costs of organised crime in and against the EU and to inform an evidence-based understanding of the associated issues. As so much uncertainty and known intra-EU and inter-crime variation exist, the study refrains from trying to create an aggregate figure for the costs of organised crime and responses to it in the EU as a whole and, instead, where possible, produces estimates for selected offenses. The study underlines that measuring the costs of organised crime is still at an early stage of development and that there is a clear need for more cross-border data matching and investigation in order to improve the quality of the evidence basis for European law enforcement agencies and their effectiveness in fighting organised crime.

Ulkopuolinen laatija

Michael Levi, Martin Innes, Peter Reuter and V. Rajeev Gundur

Rights and protection for victims of crime

07-09-2012

According to the EU Treaties and the Stockholm programme, criminal law should focus not only on repression, but special attention should also be paid to victims in the area of freedom, security and justice. While protection measures exist in specific cases, a May 2011 Commission proposal would extend protection to cover all types of crimes and victims.

According to the EU Treaties and the Stockholm programme, criminal law should focus not only on repression, but special attention should also be paid to victims in the area of freedom, security and justice. While protection measures exist in specific cases, a May 2011 Commission proposal would extend protection to cover all types of crimes and victims.

Tulevat tapahtumat

10-12-2019
EU institutional dynamics: Ten years after the Lisbon Treaty
Muu tapahtuma -
EPRS
11-12-2019
Take-aways from 2019 and outlook for 2020: What Think Tanks are Thinking
Muu tapahtuma -
EPRS

Kumppanit

Pysy ajan tasalla

email update imageSähköpostipäivitykset

Voit seurata ihmisiä ja asioita parlamentissa suoraan sähköpostiisi lähetettävien päivitysten avulla. Näin saat tuoreimmat uutiset muun muassa EP:n jäsenistä, valiokunnista, uutispalveluista ja Think Tank -osioista.

Järjestelmään pääsee miltä tahansa sivulta parlamentin verkkosivustolla. Se on helppo ottaa käyttöön: anna sähköpostiosoitteesi, valitse aihe, josta haluat saada ilmoituksia, ja ilmoita, kuinka usein haluat saada tietoa (päivittäin, viikoittain vai kuukausittain). Hetken kuluttua saat sähköpostin, jossa olevaa linkkiä napsauttamalla voit vahvistaa rekisteröitymisesi.

RSS imageRSS-syötteet

Voit seurata verkkosivustomme uutisia ja päivityksiä RSS-syötteiden avulla.

Napsauta alla olevaa linkkiä syötteiden konfiguroimiseksi.