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This comparative analysis of the national legislation on rape in European Union Member States provides an overview of legal provisions with a focus on the notion of consent. According to the proposed EU directive on violence against women and domestic violence, lack of consent from victims of rape should be made a constitutive element of the crime.

Sixty years ago, on 5 February 1963, the European Court of Justice handed down the first in a series of landmark judgments that laid the constitutional foundations of the EU legal order. The seminal case of Van Gend & Loos offered the Court an opportunity to proclaim the doctrine of the direct effect of EU law within the legal orders of the Member States. In practice, this means that individuals may claim rights directly under EU law and enforce those rights before national courts. The Van Gend & ...

The study conceptualises personal pricing, distinguishing different forms including individual prices and group prices. It summarises empirical insights on the occurrence of personal pricing in practice and related consumer attitudes. In its legal part, it analyses whether and how current EU law deals with this phenomenon and identifies regulatory gaps and legal uncertainty, on the basis of which recommendations for future regulation of personalised pricing are presented. This document was provided ...

In dieser auf Ersuchen des FEMM-Ausschusses von der Fachabteilung Bürgerrechte und konstitutionelle Angelegenheiten in Auftrag gegebenen Studie werden nach Analyse des Stands der in den EU-Mitgliedstaaten im Bereich Prostitution geltenden Regelungen sowie der aktuellen Lage beim Sexhandel in der EU und der diesbezüglichen Daten die grenzüberschreitenden Probleme/Risiken ermittelt und bewertet, die sich aus den unterschiedlichen nationalen Regelungen der EU-Mitgliedstaaten ergeben, und es werden Vorschläge ...

Since 2003, national competition authorities (NCAs) have boosted the enforcement of EU competition and antitrust rules significantly. However, each year losses of €181-320 billion accrue because of undiscovered cartels, which increase prices by between 17 % and 30 % on average. In March 2017, the Commission proposed a new directive to ensure that all NCAs have effective investigation and decision-making tools, could impose deterrent fines, and have well-designed leniency programmes and enough resources ...

National Parliaments have emancipated themselves into the EU legislative process and have become more actively involved at the European level. This briefing provides an analysis of the role of National Parliaments in the process of transposition of EU legislation – a mere segment of the overall implementation process.

This briefing analyses specific implications of the better regulation package for the European Commission’s enforcement policy. It also assesses the current state of play of implementation of EU law using the latest available data. Additionally, it analyses the main barriers to effective implementation and how the EU institutions can assist national parliaments with these problems. Finally, it makes some key policy recommendations for further empowering national and EU institutions in ensuring timely ...

This study has undertaken literature reviews, user and experts’ questionnaires, interviews and workshop surveys, analysis of EU legislation, SWOT and Multi-Criteria Analysis, identification of best practices and analyses of case studies. This has led to a mapping of accessibility across the EU Member States (identifying relevant state clusters) for three different sectors: local transport, long-distance transport, and tourism. Specific policies, research priorities and recommendations are made per ...

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, looks into the issue of the governance of the UK Withdrawal Agreement from the perspective of the UK legal and constitutional order. It examines, in particular, how the UK, as a dualist state, where international agreements have domestic legal effect only to the extent provided for in domestic legislation, will and can ensure respect of this ...

Directive 2012/29/EU establishing minimum standards for the rights, support and protection of victims of crime is an instrument of harmonisation that sets basic standards to be applied across the EU. It makes important procedural provisions regarding, for instance, the right to be heard, to understand and be understood, and the right to receive information, make a complaint and access support services. This study assesses the implementation of the directive and various aspects of its application: ...