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Artificial Intelligence and Law Enforcement - Impact on Fundamental Rights

15-07-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the impact on fundamental rights of Artificial Intelligence in the field of law enforcement and criminal justice, from a European Union perspective. It presents the applicable legal framework (notably in relation to data protection), and analyses major trends and key policy discussions. The study also considers developments following ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the impact on fundamental rights of Artificial Intelligence in the field of law enforcement and criminal justice, from a European Union perspective. It presents the applicable legal framework (notably in relation to data protection), and analyses major trends and key policy discussions. The study also considers developments following the Covid-19 outbreak. It argues that the seriousness and scale of challenges may require intervention at EU level, based on the acknowledgement of the area’s specificities.

Parlamendiväline autor

Prof. Dr. Gloria GONZÁLEZ FUSTER, Vrije Universiteit Brussel (VUB)

Organised Property Crime in the EU

14-07-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), aims to provide information on Organised Property Crime in the EU, by offering a strategic discussion on the Union policies on this topic and highlighting key recommendations for future action. The study proposes a holistic approach to the problem, adding new elements to existing measures.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), aims to provide information on Organised Property Crime in the EU, by offering a strategic discussion on the Union policies on this topic and highlighting key recommendations for future action. The study proposes a holistic approach to the problem, adding new elements to existing measures.

Parlamendiväline autor

Ernesto U. SAVONA, Director of Transcrime (Joint Research Centre on Transnational Crime) Università Cattolica del Sacro Cuore, Milan (www.transcrime.it) Matteo ANASTASIO, Sant’Anna School of Advanced Studies and intern at Transcrime-Università Cattolica del Sacro Cuore, Milan

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.

2018 report on protection of the EU's financial interests – Fight against fraud

06-07-2020

In October 2019, the European Commission published its annual report on the fight against fraud affecting EU financial interests in 2018. In total, 11 638 fraudulent and non-fraudulent irregularities were reported to the Commission in 2018, 25 % fewer than in 2017. They involved approximately €2.5 billion, a value that remained stable in comparison with 2017. The Committee on Budgetary Control has adopted a report on the Commission's annual report, which is due to be voted during the July plenary ...

In October 2019, the European Commission published its annual report on the fight against fraud affecting EU financial interests in 2018. In total, 11 638 fraudulent and non-fraudulent irregularities were reported to the Commission in 2018, 25 % fewer than in 2017. They involved approximately €2.5 billion, a value that remained stable in comparison with 2017. The Committee on Budgetary Control has adopted a report on the Commission's annual report, which is due to be voted during the July plenary session.

Digital sovereignty for Europe

02-07-2020

There is growing concern that the citizens, businesses and Member States of the European Union (EU) are gradually losing control over their data, over their capacity for innovation, and over their ability to shape and enforce legislation in the digital environment. Against this background, support has been growing for a new policy approach designed to enhance Europe's strategic autonomy in the digital field. This would require the Union to update and adapt a number of its current legal, regulatory ...

There is growing concern that the citizens, businesses and Member States of the European Union (EU) are gradually losing control over their data, over their capacity for innovation, and over their ability to shape and enforce legislation in the digital environment. Against this background, support has been growing for a new policy approach designed to enhance Europe's strategic autonomy in the digital field. This would require the Union to update and adapt a number of its current legal, regulatory and financial instruments, and to promote more actively European values and principles in areas such as data protection, cybersecurity and ethically designed artificial intelligence (AI). This paper explains the context of the emerging quest for 'digital sovereignty', which the coronavirus pandemic now seems to have accelerated, and provides an overview of the measures currently being discussed and/or proposed to enhance European autonomy in the digital field.

Coronavirus and prisons in the EU: Member-State measures to reduce spread of the virus

22-06-2020

The coronavirus crisis has put huge pressure on European prisons, already often affected by chronic overcrowding and poor healthcare services. Ensuring strict sanitary conditions, adequate health monitoring and the necessary distancing to prevent an outbreak in these closed environments − particularly vulnerable to contagion − has been a considerable challenge for most, if not all EU Member States. Starting from March 2020, as lockdowns and states of emergency gradually came into force across Europe ...

The coronavirus crisis has put huge pressure on European prisons, already often affected by chronic overcrowding and poor healthcare services. Ensuring strict sanitary conditions, adequate health monitoring and the necessary distancing to prevent an outbreak in these closed environments − particularly vulnerable to contagion − has been a considerable challenge for most, if not all EU Member States. Starting from March 2020, as lockdowns and states of emergency gradually came into force across Europe, EU Member States have taken a number of containment measures to protect prisoners' health. These measures have consisted mostly of suspending all visits and regular activities in order to limit contacts among detainees and also between detainees and the outside world. Transfers of prisoners between EU countries have been put on hold as well. Improved sanitary measures have been taken in detention centres, in terms of both personal hygiene and cleanliness of premises. At the same time, several Member States have sought to reduce overcrowding, by limiting entries and increasing exits, for instance by postponing the execution of sentences or using alternatives to detention. However, according to the EU Fundamental Rights Agency, at least half the Member States did not seek alternatives to detention. This briefing looks into the various measures adopted by Member States between early March and the end of May 2020 in response to the challenges posed to the Union's prisons by the coronavirus crisis. While, at the time of writing, containment measures in many Member States are gradually being eased, the long-term impact of the pandemic on prison conditions and populations remains to be seen.

The practice of democracy: A selection of civic engagement initiatives

17-06-2020

Public authorities are currently facing extraordinary challenges. These include managing an unprecedented public health crisis, restoring economic growth without damaging the environment, combating inequality, securing peace, and many more. In the coming decades, public regulators, and with them academics, civil society actors and corporate powers, will have to confront another dilemma that is fast becoming a clear and present challenge: whether to preserve and protect the current structures of democratic ...

Public authorities are currently facing extraordinary challenges. These include managing an unprecedented public health crisis, restoring economic growth without damaging the environment, combating inequality, securing peace, and many more. In the coming decades, public regulators, and with them academics, civil society actors and corporate powers, will have to confront another dilemma that is fast becoming a clear and present challenge: whether to preserve and protect the current structures of democratic governance, in spite of the widespread perception of their inefficiency, or to adapt them to fast-changing scenarios (and in doing so run the risk of further weakening democracy). The tension between these two opposing tendencies raises a number of key questions, to which policy-makers and analysts need to find answers. What is driving this transformation of democratic systems? Should new, hybrid forms of democratic participation replace classic democratic structures? And, lastly, amid these transformative processes, how are power roles to be redistributed?

Key issues in the European Council: State of play in June 2020

17-06-2020

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges ...

This EPRS publication, 'Key issues in the European Council', is updated quarterly to coincide with European Council meetings. It aims to provide an overview of the institution’s activities on major EU issues, by analysing twelve broad policy areas, explaining the legal and political background and the main priorities and orientations defined by the European Council in each field. It also assesses the results of European Council involvement in these policy areas to date, and identifies future challenges in the various policy fields.

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.

Policy Departments' Monthly Highlights - June 2020

12-06-2020

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

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