83

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Use of financial data for preventing and combatting serious crime

19-07-2019

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The ...

On 17 April 2018, the European Commission adopted a proposal for a directive intended to facilitate law enforcement authorities' access to and use of financial information held in other jurisdictions within the EU for investigations related to terrorism and other serious crime. The proposed directive would grant competent authorities direct access to bank account information contained in centralised registries set up in each Member State, according to the Fifth Anti-Money-Laundering Directive. The proposal also aims to strengthen domestic and cross-border exchange of information between EU Member States' competent authorities, including law enforcement authorities and financial intelligence units, as well as with Europol. The provisional agreement reached in February 2019 in interinstitutional negotiations was adopted by the European Parliament on 17 April 2019, followed by the Council on 14 June. On 20 June 2019, the directive was signed into law and then published in the Official Journal on 11 July. Member States have until 1 August 2021 to transpose its provisions into national law.

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.

Externe auteur

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.

An assessment of the Commission’s proposals on electronic evidence

21-09-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the added value and the shortcomings of the Commission’s proposals on cross-border access to electronic evidence, with a special focus on the proposals’ implications for territoriality and state sovereignty and fundamental rights of service providers and users.

Externe auteur

Prof. Martin BÖSE, Professor, Rheinische Friedrich-Wilhelms-Universität Bonn

Access to financial data by law enforcement authorities

25-06-2018

Groups committing serious crimes, including terrorists, often operate cross-border and their funds are usually located across the EU Member States or outside of the EU. The Commission proposal aims to improve the sharing financial information among national law enforcement authorities and financial intelligence units to prevent and fight crime and terrorism. The impact assessment accompanying the proposal examined comprehensively the problems encountered by law enforcement authorities and financial ...

Groups committing serious crimes, including terrorists, often operate cross-border and their funds are usually located across the EU Member States or outside of the EU. The Commission proposal aims to improve the sharing financial information among national law enforcement authorities and financial intelligence units to prevent and fight crime and terrorism. The impact assessment accompanying the proposal examined comprehensively the problems encountered by law enforcement authorities and financial intelligence units, and made a real attempt to analyse the impacts of the proposed measures. A more thorough analysis of the safeguards on fundamental rights would have been useful. The Commission admits that the calculations of costs and benefits were limited due to a lack of data. Finally, the overall preferred option remains unclear.

EU Civil Protection Responding to CBRN Incidents and Attacks

03-05-2018

The threat posed by terrorist attacks involving chemical, biological, radiological or nuclear (CBRN) agents or materials is existential for both the EU as a whole and its individual Member States. Therefore the importance of creating, maintaining and effectively employing pre-emptive, preventive, timely responsive countering means is of vital for the protection of EU citizens and the maintenance of peace and security. This in-depth analysis, commissioned by the European Parliament’s Policy Department ...

The threat posed by terrorist attacks involving chemical, biological, radiological or nuclear (CBRN) agents or materials is existential for both the EU as a whole and its individual Member States. Therefore the importance of creating, maintaining and effectively employing pre-emptive, preventive, timely responsive countering means is of vital for the protection of EU citizens and the maintenance of peace and security. This in-depth analysis, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Special Committee on Terrorism of the European Parliament (TERR), aims to examine the efficacy of the Union Civil Protection Mechanism (UCPM) in the event of CBRN terrorist attacks. Although the UCPM is presented as the main emergency management instrument of the EU, it is mainly a post-incident handling tool; hence its preparedness for CBRN terrorist attacks is underdeveloped and requires an immediate improvement. Thus by understanding these shortfalls can Europe collectively be prepared against the threat of CBRN attacks.

Externe auteur

Professor Christian KAUNERT Dr Sarah LEONARD Dr Ikrom YAKUBOV

Politiële samenwerking

01-01-2018

Het voornaamste instrument van politiële samenwerking is de Europese Politiedienst (Europol), die een centraal element vormt van de bredere Europese architectuur van interne veiligheid. Samenwerking en beleid evolueren nog, met aandacht voor doeltreffendere bestrijding van pan-EU-dreigingen en -misdrijven en, wat met name voor het Parlement van belang is, of dit plaatsvindt onder naleving van grondrechten en regels inzake gegevensbescherming.

Het voornaamste instrument van politiële samenwerking is de Europese Politiedienst (Europol), die een centraal element vormt van de bredere Europese architectuur van interne veiligheid. Samenwerking en beleid evolueren nog, met aandacht voor doeltreffendere bestrijding van pan-EU-dreigingen en -misdrijven en, wat met name voor het Parlement van belang is, of dit plaatsvindt onder naleving van grondrechten en regels inzake gegevensbescherming.

EU security cooperation with Latin America: A priority requiring consolidation

23-11-2017

Although security cooperation is not yet a well-consolidated priority for the EU in its relations with Latin America, it has acquired increasing importance with the explicit inclusion of citizen security as a new priority area in the 2015 EU-CELAC action plan. The main current areas of EU security-related cooperation with the region are the fight against drugs; violence prevention; conflict resolution in Colombia, with an EU stake in its peace process; and the participation of some Latin American ...

Although security cooperation is not yet a well-consolidated priority for the EU in its relations with Latin America, it has acquired increasing importance with the explicit inclusion of citizen security as a new priority area in the 2015 EU-CELAC action plan. The main current areas of EU security-related cooperation with the region are the fight against drugs; violence prevention; conflict resolution in Colombia, with an EU stake in its peace process; and the participation of some Latin American countries in EU crisis-management operations in the framework of the EU's Common Security and Defence Policy. This is achieved through trans-regional, regional, sub-regional and bilateral programmes and projects, as well as through the conclusion of framework agreements with certain Latin American countries. The European Parliament is particularly involved in promoting security cooperation with the region, as evidenced by its support for a Euro-Latin American Charter for Peace and Security, in the framework of the Euro-Latin American Parliamentary Assembly, and the adoption of specific resolutions on the subject.

Area of freedom, security and justice:Untapped potential

27-10-2017

Since the entry into force of the 1997 Treaty of Amsterdam, the EU offers its citizens an area of freedom, security and justice (AFSJ). In this area, the free movement of persons should be ensured in conjunction with appropriate measures with respect to external border controls, asylum and migration, as well as the prevention and combating of crime. Since then, the Union has adopted its own Charter of Fundamental Rights, and the European Parliament has been fully engaged in shaping the AFSJ as a ...

Since the entry into force of the 1997 Treaty of Amsterdam, the EU offers its citizens an area of freedom, security and justice (AFSJ). In this area, the free movement of persons should be ensured in conjunction with appropriate measures with respect to external border controls, asylum and migration, as well as the prevention and combating of crime. Since then, the Union has adopted its own Charter of Fundamental Rights, and the European Parliament has been fully engaged in shaping the AFSJ as a co-legislator. Two decades later, however, the Union and its Member States still face major challenges in delivering this objective. Problems have been identified in upholding democracy, the rule of law and fundamental rights, ensuring a high level of security (notably in the fight against corruption, organised crime and terrorism), protecting external borders, guaranteeing the right to asylum and developing a common migration policy. Surveys show that citizens expect the EU and its Member States to deliver in these areas, notably in the area of migration and the fight against terrorism and fraud. In October 2016, the Parliament's Civil Liberties, Justice and Home Affairs (LIBE) Committee requested the European Parliamentary Research Service (EPRS) to produce a 'Cost of Non-Europe Report' on the AFSJ. This paper contains an overview of the existing gaps and barriers in the main policy areas covered by the AFSJ, and assesses their economic impacts as well as impacts at individual level on fundamental rights and freedoms. It also assesses options for action at EU level that could address those gaps and barriers, together with an estimation of their potential cost and benefits.

Research of the Policy Department for Citizens’ Rights and Constitutional Affairs and the EPRS in the Fields of Responsibilities of the Special Committee on Terrorism

06-10-2017

This paper provides a detailed analysis of the responsibilities of the Special Committee on Terrorism and the corresponding available and upcoming research of the Policy Department for Citizens' Rights and Constitutional Affairs and the EPRS.

This paper provides a detailed analysis of the responsibilities of the Special Committee on Terrorism and the corresponding available and upcoming research of the Policy Department for Citizens' Rights and Constitutional Affairs and the EPRS.

Toekomstige activiteiten

28-01-2020
Western Balkans: A rocky road to enlargement
Diverse activiteiten -
EPRS
29-01-2020
Where all students can succeed: Analysing the latest OECD PISA results
Diverse activiteiten -
EPRS
29-01-2020
The Future of Artificial Intelligence for Europe
Workshop -
STOA

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