ThinkTank logo The documents that help shape new EU legislation
Posted on 09-07-2020

The European Parliament’s right of initiative

09-07-2020

The European Parliament is the only democratically elected body in the EU. Yet, unlike most parliaments, it has no formal right of legislative initiative. Initiating legislation lies almost solely with the EU's executive bodies, the Commission, and – to a limited but increasing extend – the European Council and the Council. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, reveals that Parliament ...

The European Parliament is the only democratically elected body in the EU. Yet, unlike most parliaments, it has no formal right of legislative initiative. Initiating legislation lies almost solely with the EU's executive bodies, the Commission, and – to a limited but increasing extend – the European Council and the Council. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, reveals that Parliament’s „own-initiative-reports” form a widely underestimated and unrecognized tool to informally shape the EU’s policy agenda. The study provides for a comprehensive analysis of non-legislative and legislative own-initiative reports. We argue that Parliament is able to create a cooperative environment in order to bring the Commission in line with its own legislative priorities and sometimes very specific legislative requests. Building on the empirical evidence of Parliament’s practice since 1993, we finally discuss means and ways for pragmatic reform and Treaty revision.

External author

Andreas MAURER, Michael C. WOLF

Posted on 08-07-2020

El Derecho de excepción, una perspectiva de Derecho Comparado - España: estado de alarma

08-07-2020

Este documento se integra en una serie de análisis que pretenden, desde la perspectiva del Derecho Comparado, presentar el Derecho de excepción en diferentes Estados, con especial atención a aquellos fundamentos jurídicos en que se basan las medidas de emergencia que se pueden adoptar ante crisis, como puede ser la crisis sanitaria provocada por la pandemia del COVID-19. El presente análisis tiene como objeto el caso de España. Se trata de la segunda edición.

Este documento se integra en una serie de análisis que pretenden, desde la perspectiva del Derecho Comparado, presentar el Derecho de excepción en diferentes Estados, con especial atención a aquellos fundamentos jurídicos en que se basan las medidas de emergencia que se pueden adoptar ante crisis, como puede ser la crisis sanitaria provocada por la pandemia del COVID-19. El presente análisis tiene como objeto el caso de España. Se trata de la segunda edición.

External author

Gabriel LECUMBERRI BEASCOA

Institutions and foreign interferences

15-06-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, assesses the EU responses to counter foreign interferences. It examines in particular the effectiveness of the EU action against foreign interferences in the 2019 European Parliament elections, the COVID-19 crisis and the issue of foreign donations to European political parties. The study concludes with specific policy recommendations to enhance ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, assesses the EU responses to counter foreign interferences. It examines in particular the effectiveness of the EU action against foreign interferences in the 2019 European Parliament elections, the COVID-19 crisis and the issue of foreign donations to European political parties. The study concludes with specific policy recommendations to enhance the EU’s responses.

External author

Edoardo BRESSANELLI, Sant’Anna School of Advanced Studies, Pisa (Principal Investigator) Anna DI PALMA, Sant’Anna School of Advanced Studies, Pisa Gaetano INGLESE, Sant’Anna School of Advanced Studies, Pisa Sofia MARINI, Sant’Anna School of Advanced Studies, Pisa Eric REPETTO, Sant’Anna School of Advanced Studies, Pisa

Posted on 07-07-2020

The Return Directive 2008/115/EC

07-07-2020

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.

Association agreement between the EU and Ukraine

07-07-2020

The European implementation assessment (EIA) evaluates the implementation of the association agreement (EU AA), including the Deep and Comprehensive Free Trade Agreement (DCFTA), between the EU and Ukraine. The evaluation forms an update of an evaluation published in July 2018. The EIA shows progress and challenges in the implementation of the agreement in Ukraine and stresses the importance of further reforms in this Eastern Partnership country. The EIA consists of two parts, an opening analysis ...

The European implementation assessment (EIA) evaluates the implementation of the association agreement (EU AA), including the Deep and Comprehensive Free Trade Agreement (DCFTA), between the EU and Ukraine. The evaluation forms an update of an evaluation published in July 2018. The EIA shows progress and challenges in the implementation of the agreement in Ukraine and stresses the importance of further reforms in this Eastern Partnership country. The EIA consists of two parts, an opening analysis prepared internally by the DG EPRS and a briefing paper prepared externally by the Polish Institute of International Affairs. The EIA has been prepared to accompany the European Parliament Committee on Foreign Affairs (AFET) in its scrutiny work, namely on its work on the own-initiative annual implementing report on the EU association agreement with Ukraine.

The role of fiscal rules in relation with the green economy - A new start after the outbreak

06-07-2020

According to this study the fiscal framework in principle provides sufficient flexibility to accommodate the call on government budgets from the European Green Deal – even in the very challenging fiscal landscape that is currently unfolding. However, it also observes that for this to hold in practice a number of conditions must be met, including a strong design of policies, a careful assessment of their budgetary impact and the integration of the relevant governance processes.

According to this study the fiscal framework in principle provides sufficient flexibility to accommodate the call on government budgets from the European Green Deal – even in the very challenging fiscal landscape that is currently unfolding. However, it also observes that for this to hold in practice a number of conditions must be met, including a strong design of policies, a careful assessment of their budgetary impact and the integration of the relevant governance processes.

External author

Paul van den Noord

Posted on 06-07-2020

Environmental liability of companies

15-05-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, aims at gaining deeper insights into the environmental liability of companies in the European Union. It analyses the role of companies within the Environmental Liability Directive (ELD) and pays attention to potential hurdles that may limit the possibility to hold companies liable for environmental harm. Various remedies to the limited liability of the corporation are discussed ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, aims at gaining deeper insights into the environmental liability of companies in the European Union. It analyses the role of companies within the Environmental Liability Directive (ELD) and pays attention to potential hurdles that may limit the possibility to hold companies liable for environmental harm. Various remedies to the limited liability of the corporation are discussed and suggestions are formulated to improve access to justice for victims of environmental harm. Specific attention is paid to a balanced regime of mandatory solvency guarantees to support the ELD liabilities of companies.

External author

Prof. Dr. Michael G. Faure, Professor of comparative and international environmental law, at Maastricht University and Professor of comparative private law and economics, at Erasmus School of Law in Rotterdam, The Netherlands

Europeanising European Public Spheres

15-06-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, provides a brief overview of the academic debates on Europeanisation as well as contestation and politicisation of the EU and European integration. Against this background, it focuses on the European public sphere(s), in particular those based on the media and parliaments. The study further discusses current reform proposals aiming to Europeanise ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, provides a brief overview of the academic debates on Europeanisation as well as contestation and politicisation of the EU and European integration. Against this background, it focuses on the European public sphere(s), in particular those based on the media and parliaments. The study further discusses current reform proposals aiming to Europeanise the European elections and concludes with recommendations on increasing the legitimacy of the European Union.

External author

Katrin AUEL, Guido TIEMANN

Posted on 01-07-2020

Assessing the potential impact of an EU-India trade agreement

01-07-2020

The EU and India are major actors in the international arena and the discussions over a possible Free Trade Agreement has been ongoing for several years. This study analyses the potential effects of an FTA between EU and India in a "Cost of Non Europe" perspective. The results of a quantitative simulation of a potential FTA in goods and services indicate that welfare gains from increased trade for both sides may be between € 8 billion and € 8.5 billion (0.03 % increase with respect to the baseline ...

The EU and India are major actors in the international arena and the discussions over a possible Free Trade Agreement has been ongoing for several years. This study analyses the potential effects of an FTA between EU and India in a "Cost of Non Europe" perspective. The results of a quantitative simulation of a potential FTA in goods and services indicate that welfare gains from increased trade for both sides may be between € 8 billion and € 8.5 billion (0.03 % increase with respect to the baseline for the EU and about 0.3 % for India). Furthermore, a qualitative analysis suggests that potential gains may appear from a coordinated EU action in addressing possible side effects, distributive impacts and externalities (such as inequalities, labour market effects, poverty and development implications, environmental issues) and from increased coordination in the provision of global public goods. By considering these aspects, the Cost of Non-Europe in the field may be larger.

Energy-intensive industries

01-07-2020

Energy-intensive industries need to reach climate neutrality by 2050. This study describes the technologies available for the decarbonisation of the iron and steel, chemicals, refining and cement industries as well as the existing financial instruments. Technology and policy roadmaps are presented to help shape the Green Deal and enhance the transition to a climate neutral European industry.

Energy-intensive industries need to reach climate neutrality by 2050. This study describes the technologies available for the decarbonisation of the iron and steel, chemicals, refining and cement industries as well as the existing financial instruments. Technology and policy roadmaps are presented to help shape the Green Deal and enhance the transition to a climate neutral European industry.

External author

JSander de BRUYN, Chris JONGSMA, Bettina KAMPMAN, Benjamin GÖRLACH and Jan-Erik THIE

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The content of all documents contained in the Think Tank website is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work.

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