15

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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.

European added value of an EU mechanism on democracy, the rule of law and fundamental rights - Preliminary assessment

23-04-2020

This preliminary European Added Value Assessment provides a comparison of the main features of the methodologies proposed by the European Parliament and the Commission on monitoring compliance with EU values. It reveals that though the Commission has made a significant step towards Parliament's position, four key differences in their approach remain. These notably relate to what is assessed, by whom and which follow-up is to be provided. The Parliament calls for an interinstitutional agreement in ...

This preliminary European Added Value Assessment provides a comparison of the main features of the methodologies proposed by the European Parliament and the Commission on monitoring compliance with EU values. It reveals that though the Commission has made a significant step towards Parliament's position, four key differences in their approach remain. These notably relate to what is assessed, by whom and which follow-up is to be provided. The Parliament calls for an interinstitutional agreement in accordance with which a Panel of Independent Experts should assess the state of democracy, the rule of law and fundamental rights in the Member States. Based on this Report the Parliament and national parliaments as well the Council should be able to recommend follow up action to the Commission in terms of monitoring and enforcement. The Commission takes a more limited analysis of the rule of law into its own hands, relying on a network of Member State contact points. In view of its prerogatives, the Commission does not wish to be bound to a certain follow up.

European arrest warrant

19-02-2020

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

Common minimum standards of civil procedure: European Added Value Assessment

28-11-2019

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing ...

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing EU common minimum standards of civil procedure could reduce annual costs for citizens and businesses in the European Union by as much as €4.7 to 7.9 billion per annum. The European added value could be potentially generated through reduction of fragmentation, simplification and filling gaps in the current EU procedural rules. Furthermore, EU common minimum standards would contribute towards building mutual trust between judicial authorities of different Member States. Increasing trust has the potential to enhance legal certainty and stability for citizens and businesses, further reduce uncertainty and delay costs.

Area of freedom, security and justice: Cost of Non-Europe

08-05-2019

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They ...

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They also have a negative effect on budgetary spending, growth and tax revenue, which is estimated at at least €180 billion annually, with the lack of enforcement of EU values still to be assessed in more detail. Further EU action in four main areas: 1. monitoring and enforcement; 2. the creation of safe legal pathways for migrants and asylum seekers to enter the EU; 3. ingraining a European law enforcement culture; and 4. completing the Union’s fundamental rights framework, would have significant benefits. In particular, it could allow individuals to fully enjoy their fundamental rights and make EU society more secure, open, fair and prosperous. This would also foster trust in the EU on the basis of its ability to deliver on its aims

The cost of non-Europe in the area of legal migration

14-03-2019

Further EU action in the area of legal migration could address obstacles experienced by Third Country Nationals within the European Union. Depending on the policy option pursued these options could result in up to €21,75 billion in benefits. Further gains could be made by addressing the fragmented national policies in this area, which are currently undermining ability of the EU as a whole to attract the workers and researchers it needs.

Further EU action in the area of legal migration could address obstacles experienced by Third Country Nationals within the European Union. Depending on the policy option pursued these options could result in up to €21,75 billion in benefits. Further gains could be made by addressing the fragmented national policies in this area, which are currently undermining ability of the EU as a whole to attract the workers and researchers it needs.

Humanitarian visas

17-10-2018

90 % of those granted international protection reach the European Union through irregular Means. Member States' failure to offer regular entry pathways to those seeking international protection undermines the achievement of their Treaty and fundamental rights obligations. This situation also has severe individual impacts in terms of mortality and damage to health, negative budgetary and economic impacts EU legislation on humanitarian visas could close the current effectiveness and fundamental rights ...

90 % of those granted international protection reach the European Union through irregular Means. Member States' failure to offer regular entry pathways to those seeking international protection undermines the achievement of their Treaty and fundamental rights obligations. This situation also has severe individual impacts in terms of mortality and damage to health, negative budgetary and economic impacts EU legislation on humanitarian visas could close the current effectiveness and fundamental rights protection gap in EU asylum policy by offering safe entry pathways, reducing irregular migration and result in increased management, coordination and efficiency in the asylum process, as well as promoting fair cost-sharing.

The fight against terrorism

25-05-2018

Significant benefits could be achieved by the EU and its Member States by addressing the gaps and barriers in the area of the fight against terrorism, notably by developing an evidence-based EU criminal policy cycle involving the European Parliament and national parliaments. In this context, EU institutions should conduct comprehensive ex-ante assessments and ex-post evaluations of counterterrorism measures, in line with better law-making principles. The effectiveness and fundamental rights compliance ...

Significant benefits could be achieved by the EU and its Member States by addressing the gaps and barriers in the area of the fight against terrorism, notably by developing an evidence-based EU criminal policy cycle involving the European Parliament and national parliaments. In this context, EU institutions should conduct comprehensive ex-ante assessments and ex-post evaluations of counterterrorism measures, in line with better law-making principles. The effectiveness and fundamental rights compliance of counter-radicalisation programmes should continue to be monitored. The framework for countering terrorism requires further refinement. A European law enforcement culture with full respect for fundamental rights needs to be fostered in which relevant information is shared and analysed, judicial cooperation tools are properly utilised and seeking the support of EU agencies becomes a natural reflex. This also requires the allocation of significant resources aimed at training and exchanges. Beyond resulting in more relevant, coherent, effective and efficient action in the fight against terrorism, such measures could increase the wellbeing of the population, reduce the material and immaterial impacts of terrorism, and ensure protection of fundamental rights when impacted by counterterrorism measures.

Equality and the Fight against Racism and Xenophobia

28-03-2018

This study specifically focuses on EU action and cooperation concerning equality and the fight against racism and xenophobia. Despite existing EU legislation and action it argues that there are still significant gaps and barriers to equal treatment and to adequate prevention and prosecution of, and compensation for, hate crimes within the European Union. The impact of the gaps and barriers identified – in action and cooperation – at EU level are assessed both in terms of economic impact and their ...

This study specifically focuses on EU action and cooperation concerning equality and the fight against racism and xenophobia. Despite existing EU legislation and action it argues that there are still significant gaps and barriers to equal treatment and to adequate prevention and prosecution of, and compensation for, hate crimes within the European Union. The impact of the gaps and barriers identified – in action and cooperation – at EU level are assessed both in terms of economic impact and their impacts on economic rights and freedoms. To address these gaps and barriers, the study provides some options for EU action in the field.

Procedural rights and detention conditions

07-12-2017

Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU ...

Despite the significant EU action and cooperation that has taken place, the rights and detention conditions of those suspected of committing a crime and serving a sentence in the Member States continue to fail to live up to international and EU standards. Judicial cooperation within the EU is not yet fully adapted to this reality, it operates in absence of an EU mechanism monitoring Member States' compliance with practical fundamental rights and lacks specific guidance for alleged violations. EU legislation on suspects' rights is limited to setting common minimum standards. Even so, there are already indications of shortcomings concerning key rights to a fair trial, such as the right to interpretation, translation, information and legal assistance during questioning by the police. Furthermore, certain areas have not been comprehensively addressed, such as pre-trial detention, contributing to prison overcrowding in a number of EU Member States. The outstanding divergent levels of protection also create discrimination between EU citizens. Criminal justice systems remain inefficient and fail to achieve the aims of convicting and rehabilitating the guilty, while protecting the innocent. This impacts on the individuals concerned, in terms of a denial of their rights and material and immaterial damage; on their families; and on Member States' societies more generally. The gaps and barriers identified also have substantial cost implications. Finally, this study assesses the added value of a number of options for EU action and cooperation to contribute to closing these gaps and taking further steps to ensure the effective protection of the rights of suspects and detained persons.

Socios