26

rezultat(a)

Riječ(i)
Vrsta publikacije
Područje politike
Ključna riječ
Datum

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.

The German Parliament and EU affairs

01-07-2020

The Federal Republic of Germany has a parliamentary system consisting of the Bundestag and the Bundesrat, established in 1949. The Bundestag is the main legislative body, which determines all laws at federal level. It does so with the participation of a ‘second chamber’, the Bundesrat, which represents the 16 constituent states (Bundesländer). Competencies are shared between the Federation and the Länder, with the Länder having the right to legislate insofar as the Grundgesetz (Basic Law) does not ...

The Federal Republic of Germany has a parliamentary system consisting of the Bundestag and the Bundesrat, established in 1949. The Bundestag is the main legislative body, which determines all laws at federal level. It does so with the participation of a ‘second chamber’, the Bundesrat, which represents the 16 constituent states (Bundesländer). Competencies are shared between the Federation and the Länder, with the Länder having the right to legislate insofar as the Grundgesetz (Basic Law) does not confer legislative power on the Federation. Federal law takes precedence over Länder law. Areas of exclusive federal legislation, such as foreign policy, defence and trade, are governed at federal level. In areas of concurrent legislation, the Länder can adopt legislation as long as there is no existing federal legislation. Over time, federal legislation has been expanding. Only in some areas, for example in education, culture, police and administrative law, have the Länder retained their exclusive legislative powers. This briefing is part of an EPRS series on national parliaments and EU affairs. It aims to provide an overview of the way the national parliaments of EU Member States are structured and how they process, scrutinise and engage with EU legislation. It also provides information on relevant publications of the national parliaments.

The proposed Return Directive (recast)

12-02-2019

On 12 September 2018, the European Commission published a proposal for a recasting of the 2008 Return Directive, which stipulates common standards and procedures in Member States for returning irregular migrants who are non-EU nationals. Effectively returning irregular migrants is one of the key objectives of the European Union’s migration policy. However, Member States currently face challenges: national practices implementing the EU rules vary and the overall return rates remain below expectations ...

On 12 September 2018, the European Commission published a proposal for a recasting of the 2008 Return Directive, which stipulates common standards and procedures in Member States for returning irregular migrants who are non-EU nationals. Effectively returning irregular migrants is one of the key objectives of the European Union’s migration policy. However, Member States currently face challenges: national practices implementing the EU rules vary and the overall return rates remain below expectations. The proposal was not accompanied by a Commission impact assessment. The European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) therefore asked the European Parliamentary Research Service to provide a targeted substitute impact assessment of the proposed recast Return Directive. The assessment considers the main expected impacts of the key provisions of the Commission proposal, focusing on the social, human rights and financial impacts, as compared to the current situation (status quo). On the basis of the legal and economic studies carried out for this impact assessment, it appears that the Commission proposal for a recast Return Directive has significant legal, social, human rights and economic implications, which in principle would have deserved consideration in the context of a proper impact assessment process conducted ex-ante by the Commission.

Revising the Visa Information System

15-11-2018

The Commission aims to upgrade the visa information system to allow for more thorough background checks on visa applicants, close security information gaps and ensure full interoperability with other EU-wide databases. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is underpinned by several stakeholder consultations and external studies. The Commission seems to be transparent about data limitations. However, the problem descriptions ...

The Commission aims to upgrade the visa information system to allow for more thorough background checks on visa applicants, close security information gaps and ensure full interoperability with other EU-wide databases. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is underpinned by several stakeholder consultations and external studies. The Commission seems to be transparent about data limitations. However, the problem descriptions are not always clear or convincing. In addition, considering the partly highly sensitive issues at hand, such as the fingerprinting of minors, the safeguards for fundamental rights protection in cases of errors or abuse could have been better explained.

Promoting the Rights and Values, Justice and Creative Europe programmes

15-11-2018

With the future (1) Rights and Values, (2) Justice and (3) Creative Europe programmes, the European Commission aims to protect better EU rights and values; to develop further a European area of justice; and to support European cultural and creative sectors and audiovisual works under the 2021-2027 multiannual financial framework. This initial appraisal of the Commission’s impact assessment on the proposal finds that the impact assessment is substantiated by various evaluations, studies and consultations ...

With the future (1) Rights and Values, (2) Justice and (3) Creative Europe programmes, the European Commission aims to protect better EU rights and values; to develop further a European area of justice; and to support European cultural and creative sectors and audiovisual works under the 2021-2027 multiannual financial framework. This initial appraisal of the Commission’s impact assessment on the proposal finds that the impact assessment is substantiated by various evaluations, studies and consultations. The Commission describes the challenges encountered of the current and previous programmes well. However, the lack of policy options and of an impact analysis seriously affect the IA's quality. In addition, the IA does not match the three proposals: the only option considered does not mention a self-standing Creative Europe programme, which the Commission ultimately proposed.

Launching the Digital Europe Programme

08-10-2018

Despite its strong position in science, research and innovation, Europe lags behind when it comes to deploying digital capacities and taking up advanced digital technologies. That's why the European Commission proposed a new programme - the Digital Europe Programme - to support the deployment and optimal use of the digital capacities that underpin innovation in areas of public interest and business. This briefing provides you with an appraisal of the quality of the impact assessment, which accompanies ...

Despite its strong position in science, research and innovation, Europe lags behind when it comes to deploying digital capacities and taking up advanced digital technologies. That's why the European Commission proposed a new programme - the Digital Europe Programme - to support the deployment and optimal use of the digital capacities that underpin innovation in areas of public interest and business. This briefing provides you with an appraisal of the quality of the impact assessment, which accompanies the Commission's proposal.

Promoting fairness and transparency in the online platform environment

21-09-2018

How to promote fairness and transparency in the online platform environment? The Commission's answer to this question can be found in its recent legislative proposal. It stipulates that providers of online intermediation services (e.g. Amazon) and online search engines (e.g. Google search) have to implement certain measures to ensure transparency and fairness in the contractual relations they have with online businesses which use such platforms to provide their services to customers in the EU. This ...

How to promote fairness and transparency in the online platform environment? The Commission's answer to this question can be found in its recent legislative proposal. It stipulates that providers of online intermediation services (e.g. Amazon) and online search engines (e.g. Google search) have to implement certain measures to ensure transparency and fairness in the contractual relations they have with online businesses which use such platforms to provide their services to customers in the EU. This briefing provides you with an appraisal of the quality of the impact assessment, which accompanies the Commission's proposal.

Security of ID cards and of residence documents issued to EU citizens and their families

13-07-2018

Currently, there are at least 86 different versions of ID cards, and 181 types of residence documents in circulation in the EU. The format and minimum standards for ID cards and residence documents is not regulated on EU level. In order to strengthen the security features of ID cards and residence documents of EU citizens and their non-EU family members, the European Commission published a legislative proposal. The impact assessment accompanying this proposal clearly explains the problems currently ...

Currently, there are at least 86 different versions of ID cards, and 181 types of residence documents in circulation in the EU. The format and minimum standards for ID cards and residence documents is not regulated on EU level. In order to strengthen the security features of ID cards and residence documents of EU citizens and their non-EU family members, the European Commission published a legislative proposal. The impact assessment accompanying this proposal clearly explains the problems currently encountered, and proposes adequate solutions. The Commission used different sources to substantiate the impact assessment and also undertook several stakeholder consultation activities. However, it is not systematically indicated which stakeholder group prefers which specific option. At times the impact assessment displays a lack of quantification, about which the Commission is open. More detailed information on the safeguards regarding the fundamental rights impact would have been desirable.

Access to financial data by law enforcement authorities

25-06-2018

Groups committing serious crimes, including terrorists, often operate cross-border and their funds are usually located across the EU Member States or outside of the EU. The Commission proposal aims to improve the sharing financial information among national law enforcement authorities and financial intelligence units to prevent and fight crime and terrorism. The impact assessment accompanying the proposal examined comprehensively the problems encountered by law enforcement authorities and financial ...

Groups committing serious crimes, including terrorists, often operate cross-border and their funds are usually located across the EU Member States or outside of the EU. The Commission proposal aims to improve the sharing financial information among national law enforcement authorities and financial intelligence units to prevent and fight crime and terrorism. The impact assessment accompanying the proposal examined comprehensively the problems encountered by law enforcement authorities and financial intelligence units, and made a real attempt to analyse the impacts of the proposed measures. A more thorough analysis of the safeguards on fundamental rights would have been useful. The Commission admits that the calculations of costs and benefits were limited due to a lack of data. Finally, the overall preferred option remains unclear.

Revision of the visa code

27-04-2018

Although an increasing number of people have been travelling to the EU for tourism and business in recent years, visa application procedures are still costly and cumbersome. With the recast proposal on the visa code, the Commission aims to facilitate tourism, trade and business, whilst strengthening security and mitigating irregular migration. The impact assessment accompanying the proposal provides an overall convincing analysis tackling the problems of (1) insufficient finances to support visa ...

Although an increasing number of people have been travelling to the EU for tourism and business in recent years, visa application procedures are still costly and cumbersome. With the recast proposal on the visa code, the Commission aims to facilitate tourism, trade and business, whilst strengthening security and mitigating irregular migration. The impact assessment accompanying the proposal provides an overall convincing analysis tackling the problems of (1) insufficient finances to support visa processing; and (2) Member States' diverging practices when issuing multiple-entry visas. The Commission, however, also proposed (3) to address the lack of cooperation of some third countries in readmission matters in the visa code. One would have expected a more thorough analysis on this last aspect considering that there is no hard evidence on how visa leverage can translate into better cooperation with third countries on readmission. The Commission made efforts to consult with stakeholders and provide data, yet, the IA displays a general lack of data, statistics and evidence.

Partneri