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Offentliggjort den 22-10-2020

Los principios de igualdad y no discriminación, una perspectiva de Derecho Comparado - España

22-10-2020

Este estudio forma parte de un proyecto destinado a sentar las bases de una comparación integrada y correlacionada de la regulación del principio de igualdad y no discriminación entre diferentes ordenamientos jurídicos positivos. Las siguientes páginas contienen, en lo relativo a España, el análisis de su legislación vigente, de la jurisprudencia constitucional, así como un paralelo estudio dogmático sobre el concepto y naturaleza de ese derecho, prestando particular atención a sus distintos límites ...

Este estudio forma parte de un proyecto destinado a sentar las bases de una comparación integrada y correlacionada de la regulación del principio de igualdad y no discriminación entre diferentes ordenamientos jurídicos positivos. Las siguientes páginas contienen, en lo relativo a España, el análisis de su legislación vigente, de la jurisprudencia constitucional, así como un paralelo estudio dogmático sobre el concepto y naturaleza de ese derecho, prestando particular atención a sus distintos límites y a las políticas sectoriales positivas o pro activas. Se pasa asimismo revista a sus múltiples desafíos, y a la problemática de la extensión indiscriminada de ciertas medidas de discriminación positiva e inversa que puedan desvirtuar el alcance general del principio de igualdad. La Constitución española de 1978 concibe el principio de igualdad y no discriminación como una piedra angular de todo el edificio constitucional, especialmente en el ámbito de los derechos y libertades públicas, lo que supuso que toda situación de desigualdad existente, al momento de su entrada en vigor, fuera considerada ya incompatible con el nuevo orden de valores. Las disposiciones jurídico-constitucionales sobre la igualdad son, por lo demás, varias. En primer lugar, el art. 14 de la Constitución consagra la igualdad ante la ley (igualdad formal) de todos los españoles, excluyendo toda clase de discriminación, con mención expresa de determinados motivos que son considerados supuestos de discriminación cualificada (nacimiento, raza, sexo, religión, opinión). En segundo término, el art. 1.1 de la Norma fundamental concibe la igualdad como uno de los valores superiores del ordenamiento jurídico español. Finalmente, el art. 9.2 del Texto constitucional recoge la ineludible igualdad material, que se aúna así a la igualdad formal, como un mandato dirigido a los poderes públicos para la remoción de todos los obstáculos que impidan su efectiva realización. La jurisprudencia dictada por el Tribunal Constitucional es de enorme importancia y significación, puesto que desde sus inicios prefiguró su ámbito de aplicación hasta llegar a su delimitación actual, al tiempo que posibilitó su desarrollo y protección más generosa.

Ekstern forfatter

Prof. Dr. Pedro GONZÁLEZ-TREVIJANO SÁNCHEZ

Coronavirus: The second wave [What Think Tanks are thinking]

22-10-2020

A resurgence in the number of coronavirus infections since the summer has evidently turned into a second wave of the pandemic, which has now hit many European Union countries. The pandemic is putting renewed pressure on European health systems, and authorities are introducing stringent but targeted preventive measures in a bid to cushion the negative economic impacts while preserving people's health and ensuring hospitals are not once again overwhelmed. An increasing number of EU countries are clamping ...

A resurgence in the number of coronavirus infections since the summer has evidently turned into a second wave of the pandemic, which has now hit many European Union countries. The pandemic is putting renewed pressure on European health systems, and authorities are introducing stringent but targeted preventive measures in a bid to cushion the negative economic impacts while preserving people's health and ensuring hospitals are not once again overwhelmed. An increasing number of EU countries are clamping down on travel and imposing strict social distancing measures, such as night-time curfews in major cities and limits on social contacts, although most schools and businesses remain open throughout Europe. The International Monetary Fund said in its October World Economic Outlook (WEO) that global growth in 2020 is projected at -4.4 per cent owing to the pandemic, a less severe contraction than forecast in the June 2020 WEO. The revision reflects better than anticipated second quarter GDP outturns – mostly in advanced economies, where activity bounced back sooner than expected following the scaling back of national lockdowns in May and June – as well as indications of a stronger recovery in the third quarter. This note offers links to recent commentaries, studies and reports from major international think tanks on pandemic related issues. Earlier think tank studies on the issue can be found in the 'What Think Tanks are Thinking' of 25 September.

Another revolution in Kyrgyzstan?

22-10-2020

Kyrgyzstan is the only ex-Soviet Central Asian country to have achieved a measure of democracy, but it is also highly volatile. Massive protests broke out after irregularities in the October 2020 parliamentary elections, toppling the government. Ex-convict, Sadyr Japarov, is now the country's prime minister and acting president. New parliamentary and presidential elections are planned for December 2020 and January 2021.

Kyrgyzstan is the only ex-Soviet Central Asian country to have achieved a measure of democracy, but it is also highly volatile. Massive protests broke out after irregularities in the October 2020 parliamentary elections, toppling the government. Ex-convict, Sadyr Japarov, is now the country's prime minister and acting president. New parliamentary and presidential elections are planned for December 2020 and January 2021.

Monitoring, reporting and verification of CO2 emissions from maritime transport

22-10-2020

In February 2019, the Commission adopted a proposal to revise the EU system for monitoring, reporting and verification of CO2 emissions from maritime transport, in order to align it with the global data collection system introduced by the International Maritime Organization (IMO). The existing EU system requires ships above 5 000 gross tonnes using European ports to monitor and report fuel consumption and CO2 emissions per voyage and on an annual basis, starting with the year 2018. The system entered ...

In February 2019, the Commission adopted a proposal to revise the EU system for monitoring, reporting and verification of CO2 emissions from maritime transport, in order to align it with the global data collection system introduced by the International Maritime Organization (IMO). The existing EU system requires ships above 5 000 gross tonnes using European ports to monitor and report fuel consumption and CO2 emissions per voyage and on an annual basis, starting with the year 2018. The system entered into force on 1 March 2018, and reporting starts with the year 2019. The proposed revision aims to facilitate the simultaneous application of the two systems, while preserving the objectives of the current EU legislation. The Council’s mandate for negotiations with the Parliament was adopted on 25 October 2019. In the European Parliament, the ENVI committee has appointed Jutta Paulus (Greens/EFA, Germany) as rapporteur for the file. On 16 September 2020, the Parliament adopted its position and gave ENVI the mandate to start trilogue negotiations. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Towards a mandatory EU system of due diligence for supply chains

22-10-2020

The growth of international supply chains has undoubtedly brought enormous benefits to developing countries, but at the same time it has had certain negative impacts, relating for instance to violations of human and labour rights, including forced labour and child labour, environmental damage, land grabbing, and corruption. Multinational companies have gained unprecedented power, creating asymmetries in relation to weak regulation and enforcement in developing countries. For several decades, multinational ...

The growth of international supply chains has undoubtedly brought enormous benefits to developing countries, but at the same time it has had certain negative impacts, relating for instance to violations of human and labour rights, including forced labour and child labour, environmental damage, land grabbing, and corruption. Multinational companies have gained unprecedented power, creating asymmetries in relation to weak regulation and enforcement in developing countries. For several decades, multinational companies have been encouraged to take responsibility for their supply chains on a voluntary basis. Whereas in some sectors, where violations have been most egregious, particularly in the extractive industries or in timber extraction, mandatory frameworks have already been adopted at EU level, for others it was hoped that the voluntary approach, guided by several international frameworks, would suffice. The evidence available, however, from academic research, civil society organisations, implementation of the EU Non-financial Reporting Directive, and studies commissioned by the EU institutions, has made it clear that the voluntary approach is not enough. Against this background, many voices consider that the EU should adopt mandatory due diligence legislation. Human rights and the environment stand out as two areas where such legislation would be both most needed and most effective. Beyond its expected intrinsic positive impact, such legislation would have important advantages, such as creating a level playing field among all companies operating on the EU market, bringing legal clarity, and establishing effective enforcement and sanction mechanisms, while possibly improving access to remedy for those affected, by establishing civil and legal liability for companies. The European Commission has undertaken some preliminary steps, including publishing a study and conducting public consultations, towards a possible legislative initiative on mandatory due diligence, but such an initiative has not been included in its 2021 work programme.

The environmental impacts of plastics and micro-plastics use, waste and pollution: EU and national measures

22-10-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions (PETI), focuses on the pervasive use of plastics and reviews the rising consensus on the potential eco-toxicological impacts of these materials, in particular of smaller plastic particles, dubbed microplastics. It discusses possible mitigation strategies aimed at curtailing the prevalence of (micro)plastics, as well as emerging alternatives ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions (PETI), focuses on the pervasive use of plastics and reviews the rising consensus on the potential eco-toxicological impacts of these materials, in particular of smaller plastic particles, dubbed microplastics. It discusses possible mitigation strategies aimed at curtailing the prevalence of (micro)plastics, as well as emerging alternatives and their environmental adequacy. Propelled by increasing awareness of the impacts of plastics and by public opinion, in recent years a multitude of norms, regulations, laws and recommendations have been proposed and/or implemented. These vary greatly across local, national, regional and international levels, and it is not clear what the beneficial impacts of these tools are. This study assesses these existing instruments, analyses whether they are based on sound scientific data, and discusses foreseeable challenges that could restrain the relevance and suitability of existing and future legislative proposals.

Ekstern forfatter

João PINTO DA COSTA (lead author), Teresa ROCHA-SANTOS, Armando C. DUARTE, Department of Chemistry and CESAM, University of Aveiro, Portugal

Offentliggjort den 21-10-2020

Decarbonising maritime transport: The EU perspective

21-10-2020

International maritime transport is the backbone of the global economy. However, vessels release emissions that pollute the air and contribute significantly to global warming. As shipping is forecast to grow, reducing these emissions is urgent, in order not to undermine emissions-reducing efforts in other areas, to keep humans healthy, preserve the environment and limit climate change. Although international shipping was not explicitly mentioned in the 2015 Paris Climate Agreement, efforts to make ...

International maritime transport is the backbone of the global economy. However, vessels release emissions that pollute the air and contribute significantly to global warming. As shipping is forecast to grow, reducing these emissions is urgent, in order not to undermine emissions-reducing efforts in other areas, to keep humans healthy, preserve the environment and limit climate change. Although international shipping was not explicitly mentioned in the 2015 Paris Climate Agreement, efforts to make shipping cleaner and greener have since progressed. International rules to reduce air-polluting emissions from ships have been agreed in the International Maritime Organization (IMO). Their impact, in particular the application of stricter limits for sulphur content in marine fuels since 1 January 2020, is yet to be evaluated. Parallel efforts to reduce greenhouse gas (GHG) emissions from maritime shipping have resulted in the setting of rules on collecting data on fuel oil consumption and the first collected data becoming available. In 2018, the IMO adopted an initial strategy for reducing GHG emissions, aimed at cutting shipping GHG emissions by at least 50 % by 2050, compared to 2008 levels. While concrete steps are yet to be agreed, achieving this goal will require both short-term emission-reducing measures and longer-term measures to make shipping switch to alternative fuels. Short-term guidance from the IMO is expected in 2020. On the EU front, the European Commission announced in the European Green Deal that GHG from EU transport should be cut by 90 % by 2050 and outlined how this would involve shipping. Initial measures are to be proposed by the end of 2020. This briefing reviews the existing international and EU rules on shipping emissions and their application, looks into the short-term measures under discussion and maps the landscape of marine fuels and technologies that could help decarbonise shipping in the long term.

Sustainable consumption: Helping consumers make eco-friendly choices

21-10-2020

Household consumption in the EU has major environmental impacts, which in a number of cases exceed planetary boundaries. Two thirds of consumers in the EU realise that their consumption habits have negative effects on the environment, and the solution that they mention most often is to change consumption habits and production patterns. However, a number of studies have shown a gap between consumers' good intentions and their actual behaviour. This happens because sustainability is not the only thing ...

Household consumption in the EU has major environmental impacts, which in a number of cases exceed planetary boundaries. Two thirds of consumers in the EU realise that their consumption habits have negative effects on the environment, and the solution that they mention most often is to change consumption habits and production patterns. However, a number of studies have shown a gap between consumers' good intentions and their actual behaviour. This happens because sustainability is not the only thing consumers consider when choosing what to buy; they are also influenced by price, availability and convenience, habits, values, social norms and peer pressure, emotional appeal, and the feeling of making a difference. Consumers also use their consumption patterns to communicate who they are to themselves and to others. Studies on the impacts of consumption show that these are influenced mainly by people's income. The European Union has a number of policies that are relevant for consumers' sustainable choices. These include environmental product requirements, information and labelling requirements, rules on product guarantees, climate legislation that attempts to build the price of CO2 emissions into production expenses, and waste legislation that makes it easier to recycle. The European Commission now plans to add a legislative initiative to empower consumers for the green transition. The European Parliament has long been a supporter of making consumption in the EU more sustainable, and has recently called for measures to ensure that consumers are provided with transparent, comparable and harmonised product information, especially when it comes to the durability and reparability of products and their environmental footprint.

How can international trade contribute to sustainable forestry and the preservation of the world’s forests through the Green Deal?

19-10-2020

High deforestation rates, particularly in tropical areas, remain a pressing concern for the international community, given their impacts on the global climate and the loss of biodiversity. The EU has committed to promoting sustainable forest management both domestically and internationally. However, efforts so far have concentrated on promoting the legality of trade in timber and timber products, via policy instruments such as FLEGT and the EU Timber Regulation. EU trade policy could be employed ...

High deforestation rates, particularly in tropical areas, remain a pressing concern for the international community, given their impacts on the global climate and the loss of biodiversity. The EU has committed to promoting sustainable forest management both domestically and internationally. However, efforts so far have concentrated on promoting the legality of trade in timber and timber products, via policy instruments such as FLEGT and the EU Timber Regulation. EU trade policy could be employed more systematically to promote sustainable forestry and deforestation-free value chains. The report proposes eleven measures to this end, both at the unilateral, bilateral and multilateral level, that inter alia combine market access incentives on the part of consumer markets such as the EU with obligations to promote principles of sustainable production on the part of producer countries.

Ekstern forfatter

Werner RAZA, Bernhard TRÖSTER, Bernhard WOLFSLEHNER, Markus KRAJEWSKI.

The role of Points of Single Contact and other information services in the Single Market

20-10-2020

This study analyses the role and development of Points of Single Contact and other information services. It reviews recent policy documents, and identifies a range of weaknesses for the provision of contact points. The main recommendations are to improve monitoring (using the indicators and the Single Market Scoreboard) and make use of infringement proceedings in case of non-compliance. The actions could build on the instruments available under the recent Single Digital Gateway Regulation. This ...

This study analyses the role and development of Points of Single Contact and other information services. It reviews recent policy documents, and identifies a range of weaknesses for the provision of contact points. The main recommendations are to improve monitoring (using the indicators and the Single Market Scoreboard) and make use of infringement proceedings in case of non-compliance. The actions could build on the instruments available under the recent Single Digital Gateway Regulation. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Internal Market and Consumer Protection (IMCO).

Ekstern forfatter

Pau SALSAS-FORN et al.

Kommende begivenheder

26-10-2020
European Gender Equality Week - October 26-29, 2020
Anden begivenhed -
FEMM
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Høring -
LIBE FEMM
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Høring -
FEMM

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