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National parliaments' active participation in EU affairs and enhanced scrutiny of their national governments are instrumental in ensuring the democratic accountability and legitimacy of the EU institutional system. However, despite the inclusion of national parliaments in the text of the Treaties, their ability to impact EU affairs remains generally limited. Nevertheless, national parliaments are willing to play a more active role in EU affairs by being more closely involved in the substance of EU ...

This background analysis focusses on relevant issues to be taken into account in the discussions on the Proposal for a European Media Freedom Act (EMFA), especially from a media law perspective. Dealing with questions on the appropriate legal basis and coherence with the existing regulatory framework, as well as selected substantive issues and the proposed institutional structures, the analysis highlights possible shortcomings regarding practical impact and enforcement that should be addressed.

The Banking Union will likely face several risks in the near future, ranging from geopolitical risks to shadow banking risks and the phasing out of Covid-19 support. Such risks might also affect the Single Resolution Board and its priorities. This paper discusses the key short-term risks and analyses how the SRB can be impacted regarding resolution planning, the failing or likely to fail determination, public interest assessment and resolution action.

Decentralisation, and implementation of the principle of subsidiarity, are at the heart of both EU accession negotiations with the Western Balkan countries and their accession-related reforms. As the region's six countries differ in population size, territory and history, their decentralisation models differ from each other as well. The European Commission and the European Parliament are closely monitoring these countries' overall progress in multi-level governance and in the implementation of the ...

This study analyses the clarity and adaptability of EU environmental law and how these could be improved by means of regulatory options, by looking at four core EU environmental directives, in the field of water, air, nature and waste. Recommendations are made to improve the effectiveness of environmental law in European Union The research has been prepared at the request of the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs as asked by the Committee on ...

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 ...