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Solidarity in EU asylum policy

Briefing 12-01-2023

The arrival of refugees and irregular migrants in the EU in unprecedented numbers in 2015 exposed a number of deficiencies in the EU's external border, asylum and migration policy, and sparked EU action through various legal and policy instruments. Today, even though the EU has been relatively successful in securing its external borders, curbing irregular migrant arrivals and increasing cooperation with third countries, Member States are still reluctant to show solidarity and do more to share responsibility ...

During the November II plenary session, Parliament will debate the issue of legal protection for rainbow families exercising free movement in the light of a case concerning the refusal to issue civil status documents to a child born to a lesbian couple.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines reforms to the legal framework for the exchange of personal and other data between the EU and the USA that would be necessary to ascertain that the requirements of EU law are satisfied and that the rights of EU citizens are respected, following the Schrems II judgment of the EU Court of Justice.

As a component of the Schengen Strategy that the European Commission intends to adopt in 2021, the revision of regulation (EU) No 1053/2013 will aim at making the Schengen Evaluation and Monitoring Mechanism more efficient, by revising current practices - for example, by shortening the adoption processes of the evaluation reports and recommendations, and ensuring a timely follow-up by Member States.

Although the European Commission exercises its right to withdraw a legislative proposal sparingly, doing so may become a contentious issue, particularly where a legislative proposal is withdrawn for reasons other than a lack of agreement between institutions or when a proposal clearly becomes obsolete – such as a perceived distortion of the purpose of the original proposal. Closely connected with the right of legislative initiative attributed to the Commission under the current Treaty rules, the ...

In the first decade of the 21st century, loans denominated in or indexed to foreign currencies, in particular the Swiss franc, became very popular in a number of EU Member States, including Greece, Croatia, Hungary, Austria, Poland, Romania, and Slovenia, and also in two non-EU countries, Montenegro and Serbia. For a certain period, in some Member States these loans became the most popular type of loan issued to consumers. By pegging loans to a stable foreign currency, banks could lend more money ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

On 26 August 2020, Commissioner Phil Hogan tendered his resignation to the President of the European Commission following controversy over his participation in an Oireachtas (Irish Parliament) Golf Society dinner attended by more than 80 people, despite the applicable Irish public health guidelines adopted to contain the spread of Covid-19 limiting gatherings to a fraction of that number. In addition, questions were raised as to whether he had complied with applicable restrictions on movements after ...

Delivering its judgment in Google v Commission nationale de l’informatique et des libertés (CNIL) on 24 September 2019, the Court of Justice of the European Union (CJEU) held that Google does not have to remove search engine results worldwide in order to comply with a 'right to be forgotten' request under EU data protection law. The landmark decision limits the territorial scope of the EU right to de-referencing but leaves many open questions.

In 2012, the Council decided on a number of measures amending a fisheries management plan covering several stocks of cod in European seas. This Council-only regulation was annulled by the Court of Justice, and the European Parliament is now to adopt a new regulation, founded on the appropriate 'co-decision' legal basis, in order to adjust this fisheries management plan.