1179

výsledky

Slovo (slova)
Druh publikace
Autor
Klíčové slovo
Datum

Return Directive 2008/115/EC

26-06-2020

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the ...

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the fundamental rights and dignity of the people concerned. Tineke Strik (Greens/EFA, the Netherlands) was appointed as rapporteur. Implementation reports by European Parliament committees are routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Evaluation Unit of the European Parliament's Directorate-General for Parliamentary Research Services (EPRS). This EPRS European Implementation Assessment finds several protection gaps and shortcomings regarding the four key measures of the Return Directive – return decision, enforcement of the return decision, entry ban, and detention – which may lead to fundamental rights violations for irregular migrants. Moreover, EU return and readmission policy has increasingly resorted to informal cooperation in the external policy dimension. There have been, and continue to be, rule of law, fundamental rights, budgetary and external affairs implications flowing from the pursuit, conclusion and implementation of EU readmission agreements and agreements having equivalent effect with third countries.

Coronavirus and prisons in the EU: Member-State measures to reduce spread of the virus

22-06-2020

The coronavirus crisis has put huge pressure on European prisons, already often affected by chronic overcrowding and poor healthcare services. Ensuring strict sanitary conditions, adequate health monitoring and the necessary distancing to prevent an outbreak in these closed environments − particularly vulnerable to contagion − has been a considerable challenge for most, if not all EU Member States. Starting from March 2020, as lockdowns and states of emergency gradually came into force across Europe ...

The coronavirus crisis has put huge pressure on European prisons, already often affected by chronic overcrowding and poor healthcare services. Ensuring strict sanitary conditions, adequate health monitoring and the necessary distancing to prevent an outbreak in these closed environments − particularly vulnerable to contagion − has been a considerable challenge for most, if not all EU Member States. Starting from March 2020, as lockdowns and states of emergency gradually came into force across Europe, EU Member States have taken a number of containment measures to protect prisoners' health. These measures have consisted mostly of suspending all visits and regular activities in order to limit contacts among detainees and also between detainees and the outside world. Transfers of prisoners between EU countries have been put on hold as well. Improved sanitary measures have been taken in detention centres, in terms of both personal hygiene and cleanliness of premises. At the same time, several Member States have sought to reduce overcrowding, by limiting entries and increasing exits, for instance by postponing the execution of sentences or using alternatives to detention. However, according to the EU Fundamental Rights Agency, at least half the Member States did not seek alternatives to detention. This briefing looks into the various measures adopted by Member States between early March and the end of May 2020 in response to the challenges posed to the Union's prisons by the coronavirus crisis. While, at the time of writing, containment measures in many Member States are gradually being eased, the long-term impact of the pandemic on prison conditions and populations remains to be seen.

The practice of democracy: A selection of civic engagement initiatives

17-06-2020

Public authorities are currently facing extraordinary challenges. These include managing an unprecedented public health crisis, restoring economic growth without damaging the environment, combating inequality, securing peace, and many more. In the coming decades, public regulators, and with them academics, civil society actors and corporate powers, will have to confront another dilemma that is fast becoming a clear and present challenge: whether to preserve and protect the current structures of democratic ...

Public authorities are currently facing extraordinary challenges. These include managing an unprecedented public health crisis, restoring economic growth without damaging the environment, combating inequality, securing peace, and many more. In the coming decades, public regulators, and with them academics, civil society actors and corporate powers, will have to confront another dilemma that is fast becoming a clear and present challenge: whether to preserve and protect the current structures of democratic governance, in spite of the widespread perception of their inefficiency, or to adapt them to fast-changing scenarios (and in doing so run the risk of further weakening democracy). The tension between these two opposing tendencies raises a number of key questions, to which policy-makers and analysts need to find answers. What is driving this transformation of democratic systems? Should new, hybrid forms of democratic participation replace classic democratic structures? And, lastly, amid these transformative processes, how are power roles to be redistributed?

Key issues in the European Council: State of play in June 2020

17-06-2020

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges ...

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges in the various policy fields.

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.

Policy Departments' Monthly Highlights - June 2020

12-06-2020

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Understanding EU data protection policy

20-05-2020

The near-ubiquity of data in the lives of ordinary people, along with its exponential growth in generation rate and potential misuse, has made the protection of personal information an increasingly important social, legal and political matter for the EU. In recent years, both awareness of data rights and expectations for EU action in this area have grown considerably. The right to privacy and the right to protection of personal data are both enshrined in the Charter of Fundamental Rights of the EU ...

The near-ubiquity of data in the lives of ordinary people, along with its exponential growth in generation rate and potential misuse, has made the protection of personal information an increasingly important social, legal and political matter for the EU. In recent years, both awareness of data rights and expectations for EU action in this area have grown considerably. The right to privacy and the right to protection of personal data are both enshrined in the Charter of Fundamental Rights of the EU and the EU Treaties. The entry into force of the Lisbon Treaty in 2009 gave the Charter the same legal value as the Treaties and abolished the pillar structure, providing a stronger basis for a more effective and comprehensive data protection regime in the EU. In 2012, the European Commission launched an ambitious reform to modernise the EU data protection framework. It resulted in the adoption in 2016 of the main EU data protection legislative instrument – the General Data Protection Regulation (GDPR) – and the Law Enforcement Directive. The framework overhaul also included adopting an updated Regulation on Data Processing in the EU Institutions and reforming the ePrivacy Directive, pending in the Council since September 2017. The European Parliament has played a major role in passing these reforms, both as co-legislator and author of own-initiative reports and resolutions seeking to guarantee a high level of data protection to EU citizens. Last but not least, the European Court of Justice has also played an important part in building the EU data protection framework, with several landmark judgments delivered in recent years. In the coming years, potential challenges to the data protection framework include the question of how to adapt the GDPR to emerging technologies such as artificial intelligence, facial recognition technology and the Internet of Things. Potential fragmentation issues include differing Member State interpretations of consent for data processing, while compliance burdens for SMEs and insufficient resources for data protection authorities may present challenges for enforcement. The European Commission is expected to address these issues in its upcoming evaluation of the GDPR.

The rights of LGBTI people in the European Union

18-05-2020

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, healthcare, education or access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship, or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies, and is the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally the preserve of Member States, such as marital status and family law. This is a further updated version of a briefing originally drafted by Piotr Bakowski. The previous edition was published in May 2019.

Unaccompanied migrant children in Greece: New relocation scheme

15-05-2020

In response to increased migratory pressure in Greece along the EU's external border with Turkey in recent months, and following the Greek government's request for support under Article 78(3) of the Treaty on the Functioning of the European Union (TFEU), the European Commission has launched a new relocation scheme to speed up the relocation of unaccompanied minors from the Greek islands to other EU Member States. Commissioner for Home Affairs Ylva Johansson, who has been entrusted with taking this ...

In response to increased migratory pressure in Greece along the EU's external border with Turkey in recent months, and following the Greek government's request for support under Article 78(3) of the Treaty on the Functioning of the European Union (TFEU), the European Commission has launched a new relocation scheme to speed up the relocation of unaccompanied minors from the Greek islands to other EU Member States. Commissioner for Home Affairs Ylva Johansson, who has been entrusted with taking this process forward, will also work in coordination with the Greek government and stakeholders to find sustainable ways to ensure that unaccompanied minors staying in the first-line reception and identification centres ('hotspots') on the Greek islands receive the care and protection they are entitled to. Regardless of a child's reasons for migrating, their situation or status, they all are first and foremost children and have rights as such. Unaccompanied children or children who have been separated from their parents along the way, are, moreover, entitled to special protection under international human rights and European Union asylum law. All too often, however, their rights and needs are neglected. Human rights organisations have repeatedly denounced the precarious and difficult conditions in which unaccompanied minors are living in the Greek hotspots. The proposed relocation initiative is urgently needed. However, the ongoing political and academic debate also shows a clear need for more structural solutions, in the form of more solidarity and responsibility-sharing among EU Member States, and a coordinated, child rights-based approach to addressing the many protection gaps unaccompanied children face when arriving in Europe.

Strengthening the Fundamental Rights Agency - The Revision of the Fundamental Rights Agency Regulation

15-05-2020

Since it was set up in 2007, the EU Agency for Fundamental Rights has demonstrated its ability produce high-quality research, and to provide the EU institutions and the EU Member States implementing Union law with expert advice on fundamental rights issues. The regulatory framework under which the Agency operates, however, is not fully appropriate to discharge its mandate effectively. This in-depth study commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional ...

Since it was set up in 2007, the EU Agency for Fundamental Rights has demonstrated its ability produce high-quality research, and to provide the EU institutions and the EU Member States implementing Union law with expert advice on fundamental rights issues. The regulatory framework under which the Agency operates, however, is not fully appropriate to discharge its mandate effectively. This in-depth study commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs identifies how it could be improved.

Externí autor

Professor Olivier DE SCHUTTER

Chystané akce

02-07-2020
EPRS online Book Talk | Has the EU become a regulatory superpower?
Další akce -
EPRS
06-07-2020
Geopolitical implications of the COVID-19 crisis - online hearing
Slyšení -
AFET
06-07-2020
Follow-up of OLAF case files, fighting fraud, corruption and other irregularities
Slyšení -
CONT

Partneři