944

risultato/i

Parola(e)
Tipo di pubblicazione
Autore
Parole chiave
Data

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.

Autore esterno

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.

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.

Priority dossiers under the German EU Council Presidency

01-07-2020

Germany is a federal parliamentary republic, with federal power vested in the Bundestag (the German parliament) and the Bundesrat (the representatives of Germany's regional states, Länder). The Bundestag is the only body at the federal level directly elected by the people, and is currently composed of 709 members. The Bundestag is elected every four years by German citizens aged 18 and over. The current Bundestag is led by the CDU (Christian Democratic Union) with 33 % of representation, followed ...

Germany is a federal parliamentary republic, with federal power vested in the Bundestag (the German parliament) and the Bundesrat (the representatives of Germany's regional states, Länder). The Bundestag is the only body at the federal level directly elected by the people, and is currently composed of 709 members. The Bundestag is elected every four years by German citizens aged 18 and over. The current Bundestag is led by the CDU (Christian Democratic Union) with 33 % of representation, followed by the SPD (Social Democratic Party) with 24 % and then by the AFD (Alternative for Germany) with 11 %. These are followed by: the Free Democratic Party (FDP), the Left (Die Linke), Alliance 90/The Greens (Grüne) and the Christian Social Union (CSU). Chancellor Angela Merkel, who has been in office since 2005, heads the executive government. The executive is elected by the Bundestag and is responsible to it. The German head of state is the federal President, currently Frank-Walter Steinmeier. The federal President has a role in the political system, particularly in the establishment of a new government and its possible dissolution. Germany has held the Council Presidency 12 times since becoming a founding member of the European Economic Community in 1957. The country last held the Presidency in 2008. It will take the helm of the EU Council Presidency on 1 July 2020, starting the trio Presidency composed of Germany, Portugal and Slovenia. The Trio has adopted a Declaration outlining the main areas of focus for their Trio, including democracy, human rights and the rule of law, as well as an economically strong EU based on growth and jobs and the social dimension. Likewise the three Member States have pledged to work on the challenges of digitalisation, climate change and energy transition. It is to be noted that the Trio is working on a revised declaration to reflect the changed situation in Europe due to the coronavirus pandemic. The Strategic Agenda 2019-2024 endorsed by the Member States at the European Council meeting of 20 June 2019 will remain, however, a guiding instrument. The Agenda covers the protection of citizens' freedoms; developing a strong and vibrant economic base; building a climate-neutral, green, fair and social Europe; and promoting European interests and values on the global stage.

Plenary round-up – Brussels, June 2020

22-06-2020

The June 2020 plenary session was the fourth conducted with Members participating remotely, although this time a majority were present in Brussels, and using the alternative voting procedure put in place in March by Parliament's Bureau. The session focused on a number of urgent legislative proposals as well as votes on draft amending budgets and the guidelines for the 2021 EU budget. Parliament adopted recommendations on the negotiations for a new partnership with the United Kingdom, and discussed ...

The June 2020 plenary session was the fourth conducted with Members participating remotely, although this time a majority were present in Brussels, and using the alternative voting procedure put in place in March by Parliament's Bureau. The session focused on a number of urgent legislative proposals as well as votes on draft amending budgets and the guidelines for the 2021 EU budget. Parliament adopted recommendations on the negotiations for a new partnership with the United Kingdom, and discussed the European Council meeting held subsequently on 19 June. Members heard Council and European Commission statements on anti-racism protests, on the Conference on the Future of Europe, and on Covid-19 related issues: protecting strategic sectors; tackling disinformation; and protection of cross-border and seasonal workers. Members also discussed the situation in the Schengen area following the Covid-19 outbreak, as well as tourism and transport in 2020 and beyond, and land-grabbing and deforestation in the Amazonas. Members debated statements from the Vice President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Josep Borell, on the foreign policy consequences of the Covid-19 crisis, on China's national security law for Hong Kong, and on the EU response to the possible Israeli annexation of the West Bank. Finally, Parliament adopted decisions creating a subcommittee on tax matters, a special committee on beating cancer, a special committee on foreign interference and a special committee on artificial intelligence.

EU and UK citizens' rights after Brexit: An overview

18-06-2020

This EPRS paper analyses the implications of Brexit for the rights of both European Union and United Kingdom citizens and provides an overview of the rights protected by the Withdrawal Agreement, which entered into force on 1 February 2020, as well as of the national measures envisaged by the UK and the EU Member States to give effect to the relevant provisions thereof. As a result of the UK leaving the EU and becoming a third country, UK citizens are no longer EU citizens and they will therefore ...

This EPRS paper analyses the implications of Brexit for the rights of both European Union and United Kingdom citizens and provides an overview of the rights protected by the Withdrawal Agreement, which entered into force on 1 February 2020, as well as of the national measures envisaged by the UK and the EU Member States to give effect to the relevant provisions thereof. As a result of the UK leaving the EU and becoming a third country, UK citizens are no longer EU citizens and they will therefore lose a series of rights based on EU citizenship once the transition period provided for in the agreement expires. Currently, UK and EU citizens may still move to the EU and the UK respectively, under the applicable EU rules. Beyond the end of the transition period, the agreement guarantees the rights of EU and UK citizens who had made use of their freedom of movement rights by the end of 2020.

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

17-06-2020

The spread of the coronavirus pandemic has prompted countries to take extensive and far-reaching measures to tackle the consequences of the outbreak. Apart from curbing the spread of the disease, these measures have also posed legal and economic challenges, significantly affecting people's lives. Due to the nature of the virus, citizens' rights and freedoms have been curtailed, inter alia affecting their freedom of movement and assembly, as well as the right to conduct economic activities. Whilst ...

The spread of the coronavirus pandemic has prompted countries to take extensive and far-reaching measures to tackle the consequences of the outbreak. Apart from curbing the spread of the disease, these measures have also posed legal and economic challenges, significantly affecting people's lives. Due to the nature of the virus, citizens' rights and freedoms have been curtailed, inter alia affecting their freedom of movement and assembly, as well as the right to conduct economic activities. Whilst the measures are currently being relaxed, there is debate in some Member States over whether the measures were justified and proportionate. Some Member States resorted to declaring a 'state of emergency', whilst others did not, either because they have no such mechanism in their constitutional framework or because they chose a different path, giving special powers to certain institutions or using and modifying existing legislation. In either case, democratic scrutiny over the situation has been highly important, making parliamentary oversight crucial to ensure the rule of law and respect for fundamental democratic principles. This briefing covers the following countries: Croatia, Denmark, Finland, Luxembourg, the Netherlands, Portugal, and Sweden. It focuses on three key aspects: i) the constitutional framework of the state of emergency or legitimation of the emergency legislation; ii) the specific measures adopted; and iii) the extent of parliamentary oversight exercised on the adopted measures. This briefing is the third in a series aimed at providing a comparative overview of Member States' institutional responses to the coronavirus crisis. The first in the series gives an overview of the responses in Belgium, France, Germany, Hungary, Italy, Poland and Spain, while the second covers Austria, Bulgaria, Estonia, Latvia, Malta, Romania and Slovenia.

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?

Coronavirus and elections in selected Member States

17-06-2020

With the outbreak of the coronavirus pandemic, many countries around the world that were or are due to organise elections or referendums, have had to decide whether to hold them as originally planned, introducing mitigating measures, put them on hold or postpone them to a later date. When deciding whether to continue with elections or not, decision-makers have needed to take into account a variety of legal, technical and sanitary parameters and implications, as well as constitutional arrangements ...

With the outbreak of the coronavirus pandemic, many countries around the world that were or are due to organise elections or referendums, have had to decide whether to hold them as originally planned, introducing mitigating measures, put them on hold or postpone them to a later date. When deciding whether to continue with elections or not, decision-makers have needed to take into account a variety of legal, technical and sanitary parameters and implications, as well as constitutional arrangements, to ensure that democratic institutions function as they would in normal circumstances and to ensure people's fundamental rights and freedoms are upheld. While postponing an election may be the most feasible and responsible option from the public health perspective, the decision may open the door to other risks, including undermining people's trust in democracy and casting doubt on the regular nature of elections. However, as experts suggest, democracy can also be undermined by holding elections during the pandemic, as their free and fair nature might be questioned. In order to protect election staff and voters, health and safety procedures can be built into election-related procedures, and special voting arrangements can be introduced, such as postal or e-voting, that allow citizens to cast their votes remotely. These entail other technological, security and social challenges, however, that need to be taken into account. This briefing provides example of how selected EU Member States have dealt with elections and referendums that were due to take place during the coronavirus pandemic.

How to Fully Reap the Benefits of the Internal Market for E-Commerce?

15-06-2020

This paper provides a framework for maximising current and potential benefits of e-commerce for the single market while minimising economic and societal costs. It takes stock of the role of the e-Commerce Directive and analyses new challenges arising in the age of platforms. Forward-looking solutions are presented to enhance cross-border e-commerce in the EU, facilitate access to digital copyrighted content and improve the sustainability of online platforms. Finally, the paper reflects on the planned ...

This paper provides a framework for maximising current and potential benefits of e-commerce for the single market while minimising economic and societal costs. It takes stock of the role of the e-Commerce Directive and analyses new challenges arising in the age of platforms. Forward-looking solutions are presented to enhance cross-border e-commerce in the EU, facilitate access to digital copyrighted content and improve the sustainability of online platforms. Finally, the paper reflects on the planned digital services act, outlining policy recommendations. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on the Internal Market and Consumer Protection (IMCO).

Autore esterno

Nadina IACOB, Felice SIMONELLI

Partner