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'Rainbow families' – same-sex couples with or without children – still face many obstacles while exercising their free movement rights today. In a debate in the European Parliament in September 2010, then European Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, stated, 'Let me stress this. If you live in a legally recognised same-sex partnership, or marriage, in country A, you have the right – and this is a fundamental right – to take this status and that of your partner ...

In the midst of war, human rights and international law institutions have responded with unprecedented speed to the unfolding crisis, not least due to the strong engagement of the Ukraine government in multilateral fora. While these institutions can deliver little immediate relief for Ukraine citizens, the initiatives have important political functions: they show the political and legal alternatives to the logic of war chosen by the Russian government; they contribute to formalising international ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims at finding the balance between regulatory measures to tackle disinformation and the protection of freedom of expression. It explores the European legal framework and analyses the roles of all stakeholders in the information landscape. The study offers recommendations to reform the attention-based, data-driven information landscape and regulate ...

Judicial independence is one of the key components of the rule of law (Article 2 of the Treaty on European Union – TEU), together with the fundamental right to a fair trial (Article 47 of the Charter of Fundamental Rights of the European Union) and the principle of effective judicial protection (Article 19(1) TEU). When it comes to standards for judicial independence, a special role is played by the Council of Europe and its judicial body, the European Court of Human Rights (ECtHR) in Strasbourg. ...

Data protection is a fundamental right enshrined in both primary and secondary EU law. More specifically, the main reference for data protection in Europe is the 2016 General Data Protection Regulation (GDPR), which is fully applicable since 25 May 2018. Moreover, specific data protection rules (currently Regulation 45/2001) apply to the EU institutions. The latter are under review, to adapt their principles and provisions to the GDPR. The processing of data relating to parliamentary activities is ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the added value of developing a democratic rule of law and fundamental rights-based approach to the protection of minorities in the EU legal system, from an ‘intersectional’ viewpoint. It presents the state of play regarding the main challenges characterising the protection of ethnic, religious and linguistic minorities in a selection ...

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual ...

The CIA's extraordinary rendition and secret detention programme has again come under the scrutiny of the European Parliament, which will ask the Commission and the Council during the June plenary about the measures taken to implement Parliament's recommendations on the matter.

Parliamentary Immunity in a European Context

Detaljna analiza 01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It examines the case law of the European Court of Human Rights and the Court of Justice of the European Union on the matter of parliamentary immunity. From this case law, it derives the conclusion that both courts are developing a ‘functional approach’ towards parliamentary immunity. It explains the meaning of this approach both for national systems ...

Parliamentary Immunity in Italy

Detaljna analiza 01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It proposes to view the legal basis and practical developments of parliamentary privilege in Italy, providing an insight into the peculiarities of the country’s experience, with reference also to recent cases.