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The functioning of the Internal Market for Digital Services: responsibilities and duties of care of providers Challenges and opportunities

29-10-2020

The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

Parlamendiväline autor

Prof. Dr Jan Bernd NORDEMANN.

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

26-10-2020

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

Environemtnal damage. For an implementation of the companies' liability. Remedial perspectives

Parlamendiväline autor

Roberta Landi

Environmental liability of companies’ Selected Possible Amendments of the ELD

26-10-2020

This in depth analysis explores different possibilities of updating the ELD directive in relation to the environmental responsibility of companies and seeks to highlight the basic policy choices and options in order to ensure a high protection of the environment

This in depth analysis explores different possibilities of updating the ELD directive in relation to the environmental responsibility of companies and seeks to highlight the basic policy choices and options in order to ensure a high protection of the environment

Parlamendiväline autor

Lucas BERGKAMP

An EU framework for artificial intelligence

14-10-2020

European Union (EU) lawmakers are reflecting on how to best legislate for the use of artificial intelligence (AI) technology, seeking to maximise EU citizens' opportunities to benefit from the technology, while regulating against the risks. Parliament is due to vote in its October II plenary session on three own-initiative reports from the Legal Affairs Committee (JURI) in the areas of ethics, civil liability, and intellectual property (IP).

European Union (EU) lawmakers are reflecting on how to best legislate for the use of artificial intelligence (AI) technology, seeking to maximise EU citizens' opportunities to benefit from the technology, while regulating against the risks. Parliament is due to vote in its October II plenary session on three own-initiative reports from the Legal Affairs Committee (JURI) in the areas of ethics, civil liability, and intellectual property (IP).

The Effectiveness of Conflict of Interest Policies in the EU- Member States

07-10-2020

This comparative study - commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs - analyses the effectiveness of relevant rules, policies and practices within Member States regarding conflict of interest for top political appointment (Head of Government, Ministers and other high ranking officials). The research highlights the theoretical and practical aspects of the notion of conflict of interest, giving some policy recommendations

This comparative study - commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs - analyses the effectiveness of relevant rules, policies and practices within Member States regarding conflict of interest for top political appointment (Head of Government, Ministers and other high ranking officials). The research highlights the theoretical and practical aspects of the notion of conflict of interest, giving some policy recommendations

Parlamendiväline autor

Christoph DEMMKE; Maros PAULINI; Jari AUTIONIEMI; Florian LENNER

An EU mechanism on democracy, the rule of law and fundamental rights

02-10-2020

Article 2 of the Treaty on European Union (TEU) enshrines the Union's founding values. As these shared values are binding on Member States and the European Union (EU) institutions, several mechanisms have been created to promote them and ensure they are respected. EU institutions have made several proposals to strengthen the mechanisms. Parliament is due to vote during the October I plenary session on a legislative-initiative report proposing to integrate and reinforce them through an EU mechanism ...

Article 2 of the Treaty on European Union (TEU) enshrines the Union's founding values. As these shared values are binding on Member States and the European Union (EU) institutions, several mechanisms have been created to promote them and ensure they are respected. EU institutions have made several proposals to strengthen the mechanisms. Parliament is due to vote during the October I plenary session on a legislative-initiative report proposing to integrate and reinforce them through an EU mechanism on democracy, the rule of law and fundamental rights (DRF).

Addressing violations of democracy, the rule of law and fundamental rights

11-09-2020

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More ...

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More generally, the EU's response to DRF violations has so far not comprehensively tackled the problem. The status quo can result in impunity for criminal activities, as prosecutors are unwilling or unable to take on certain cases, as well as violations of human dignity and fundamental rights. It also denies opportunities for individuals to live out their human potential, and take advantage of economic opportunities, as well as eroding the basis for mutual trust among national administrative and judicial authorities. This Briefing puts forward a set of proposals aimed at enhancing the EU's resilience to DRF violations. It focuses in particular on possibilities for the European Parliament and national parliaments, with their dual mandate from EU citizens, to jointly strengthen their monitoring and investigative capabilities. In particular, they could build on their general resources to evaluate the implementation of (EU) law and further coordinate their tools to ensure the democratic accountability of Member State governments.

The Post-2020 European Disability Strategy

15-07-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, analyses the European Disability Strategy 2010-2020 and makes recommendations regarding the new European Disability Strategy. The study reflects on the design and implementation of the current Strategy, as well as its achievements and shortcomings. The study makes recommendations in respect of the post-2020 European Disability Strategy. Those ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, analyses the European Disability Strategy 2010-2020 and makes recommendations regarding the new European Disability Strategy. The study reflects on the design and implementation of the current Strategy, as well as its achievements and shortcomings. The study makes recommendations in respect of the post-2020 European Disability Strategy. Those recommendations are addressed to the European Parliament, the European Commission and other EU institutions, Member States and key stakeholders, and relate to the groundwork needed to prepare the new Strategy, and the design, content and mechanisms for implementation and enforcement.

Parlamendiväline autor

Lisa WADDINGTON, Faculty of Law, Maastricht University (NLs) Andrea BRODERICK, Faculty of Law, Maastricht University (NLs)

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.

Parlamendiväline autor

Andreas MAURER, Michael C. WOLF

States of emergency in response to the coronavirus crisis: Situation in certain Member States IV

07-07-2020

With the virulence of the coronavirus pandemic gradually diminishing, and in the light of the restrictive measures adopted by Member States, attention remains on the way chosen by the various states to respond to the crisis. With states at various stages of relaxing emergency constraints, the effects of the coronavirus pandemic are likely to last in terms of health, economic, social, psychological and possibly even political impact. Although public attention is now turned towards the widely differing ...

With the virulence of the coronavirus pandemic gradually diminishing, and in the light of the restrictive measures adopted by Member States, attention remains on the way chosen by the various states to respond to the crisis. With states at various stages of relaxing emergency constraints, the effects of the coronavirus pandemic are likely to last in terms of health, economic, social, psychological and possibly even political impact. Although public attention is now turned towards the widely differing measures that states are taking in order to live with the virus, new challenges are emerging as international and domestic traffic, trade and free movement of people are re-established, having been all but frozen. In this context, it is still necessary to complete the overview of Member States' constitutional frameworks in response to the coronavirus pandemic with the hope that this might offer some guidance or insight, should a comparable crisis arise in the future. This is the last in a series of four briefings and completes the comparative overview of Member States' institutional responses to the coronavirus crisis by analysing the legislation of Cyprus, Czechia, Greece, Ireland, Lithuania and Slovakia. The first in the series gave an overview of the responses in Belgium, France, Germany, Hungary, Italy, Poland and Spain, the second covered Austria, Bulgaria, Estonia, Latvia, Malta, Romania and Slovenia, while the third covered Croatia, Denmark, Finland, Luxembourg, the Netherlands, Portugal and Sweden.

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