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Il diritto di eccezione: una prospettiva di diritto comparato - Italia: stato di emergenza

26-06-2020

Questo documento s’inserisce in una serie di analisi che hanno come scopo di spiegare, da una prospettiva di diritto comparato, il diritto di eccezione in diversi Stati, con speciale attenzione alle basi giuridiche su cui si fondano le misure di emergenza che possono essere adottate in caso di crisi, come ad esempio la crisi sanitaria provocata dalla pandemia del COVID-19. La presente analisi ha come oggetto il caso dell’Italia.

Questo documento s’inserisce in una serie di analisi che hanno come scopo di spiegare, da una prospettiva di diritto comparato, il diritto di eccezione in diversi Stati, con speciale attenzione alle basi giuridiche su cui si fondano le misure di emergenza che possono essere adottate in caso di crisi, come ad esempio la crisi sanitaria provocata dalla pandemia del COVID-19. La presente analisi ha come oggetto il caso dell’Italia.

Išorės autorius

Alfonso ALIBRANDI

The impact of the General Data Protection Regulation (GDPR) on artificial intelligence

25-06-2020

This study addresses the relation between the EU General Data Protection Regulation (GDPR) and artificial intelligence (AI). It considers challenges and opportunities for individuals and society, and the ways in which risks can be countered and opportunities enabled through law and technology. The study discusses the tensions and proximities between AI and data protection principles, such as in particular purpose limitation and data minimisation. It makes a thorough analysis of automated decision-making ...

This study addresses the relation between the EU General Data Protection Regulation (GDPR) and artificial intelligence (AI). It considers challenges and opportunities for individuals and society, and the ways in which risks can be countered and opportunities enabled through law and technology. The study discusses the tensions and proximities between AI and data protection principles, such as in particular purpose limitation and data minimisation. It makes a thorough analysis of automated decision-making, considering the extent to which it is admissible, the safeguard measures to be adopted, and whether data subjects have a right to individual explanations. The study then considers the extent to which the GDPR provides for a preventive risk-based approach, focused on data protection by design and by default.

Išorės autorius

DG, EPRS_The study was led by Professor Giovanni Sartor, European University Institute of Florence, at the request of the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament. It was co-authored by Professor Sartor and Dr Francesca Lagioia, European University Institute of Florence, working under his supervision.

Online Platforms' Moderation of Illegal Content Online

23-06-2020

Online platforms have created content moderation systems, particularly in relation to tackling illegal content online. This study reviews and assesses the EU regulatory framework on content moderation and the practices by key online platforms. On that basis, it makes recommendations to improve the EU legal framework within the context of the forthcoming Digital Services Act.

Online platforms have created content moderation systems, particularly in relation to tackling illegal content online. This study reviews and assesses the EU regulatory framework on content moderation and the practices by key online platforms. On that basis, it makes recommendations to improve the EU legal framework within the context of the forthcoming Digital Services Act.

Išorės autorius

University of Namur (CRIDS/NADI) and VVA

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.

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.

Study in focus: Improving Anti-Money Laundering Policy

03-06-2020

The study evaluates four measures discussed by the European Parliament, the European Commission and others to improve anti-money laundering policy: identifying high-risk countries through blacklisting, reducing laundering through letterbox or shell companies, harmonising EU AML policies through regulations and strengthening the European executive. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Economic and ...

The study evaluates four measures discussed by the European Parliament, the European Commission and others to improve anti-money laundering policy: identifying high-risk countries through blacklisting, reducing laundering through letterbox or shell companies, harmonising EU AML policies through regulations and strengthening the European executive. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Economic and Monetary Affairs (ECON).

Išorės autorius

Prof. Dr. Brigitte UNGER

Better Regulation practices in national parliaments

03-06-2020

Ex-ante impact assessment and ex-post evaluation are regulatory policy tools that help inform the policy-making process with evidence-based analysis. Both tools are geared towards raising the quality of policies and legislation. While Better Regulation is widely deemed a prerogative of the executive branch, increasingly, parliaments are also emerging as actors. This study sheds light on the parliamentary dimension of Better Regulation. Based on a survey, it maps the capacities and experiences of ...

Ex-ante impact assessment and ex-post evaluation are regulatory policy tools that help inform the policy-making process with evidence-based analysis. Both tools are geared towards raising the quality of policies and legislation. While Better Regulation is widely deemed a prerogative of the executive branch, increasingly, parliaments are also emerging as actors. This study sheds light on the parliamentary dimension of Better Regulation. Based on a survey, it maps the capacities and experiences of the national parliaments of all 27 European Union (EU) Member States and of 11 further Council of Europe countries in the field of ex-ante impact assessment and ex-post evaluation. The study reveals that roughly half of the surveyed parliaments engage in regulatory policy beyond classical parliamentary scrutiny mechanisms. Overall, these parliaments show a very diverse pattern in terms of drivers, types and depth of engagement. There is no 'one size fits all' approach.

Possible Avenues for Further Political Integration in Europe - A Political Compact for a More Democratic and Effective Union?

03-06-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses possible avenues for further political integration in the EU after Brexit. The study maps the multiple crises that the EU has weathered in the past decade and explains how these crises, including the recent Covid-19 pandemic, reveal several substantive and institutional weaknesses in the current EU system of governance. The study considers ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses possible avenues for further political integration in the EU after Brexit. The study maps the multiple crises that the EU has weathered in the past decade and explains how these crises, including the recent Covid-19 pandemic, reveal several substantive and institutional weaknesses in the current EU system of governance. The study considers the potentials of the nascent Conference on the Future of Europe to renew the EU and examines the obstacles and opportunities for EU treaty reforms, considering the option of channelling the Conference’s outcome into a new Political Compact, subject to new, less-than-unanimous ratification rules.

Išorės autorius

FABBRINI Federico

Das Recht des Ausnahmezustands - Deutschland: Ungenutztes Notstandsrecht und Integration des Ausnahmefalls in das einfache Recht

29-05-2020

Dieses Dokument ist Teil einer Reihe von Analysen, mit denen das Notstandsrecht verschiedener Staaten aus rechtsvergleichender Sicht dargestellt werden soll, und zwar mit besonderem Augenmerk auf jenen Rechtsgrundlagen, auf denen die Notstandsmaßnahmen angesichts von Krisen wie der durch die COVID-19-Pandemie verursachten Gesundheitskrise beruhen. Die vorliegende Analyse hat den Fall Deutschland zum Gegenstand.

Dieses Dokument ist Teil einer Reihe von Analysen, mit denen das Notstandsrecht verschiedener Staaten aus rechtsvergleichender Sicht dargestellt werden soll, und zwar mit besonderem Augenmerk auf jenen Rechtsgrundlagen, auf denen die Notstandsmaßnahmen angesichts von Krisen wie der durch die COVID-19-Pandemie verursachten Gesundheitskrise beruhen. Die vorliegende Analyse hat den Fall Deutschland zum Gegenstand.

EU agricultural policy and climate change

19-05-2020

In December 2019, the European Parliament declared a climate and environmental emergency in Europe and across the globe – a recognition of the challenges that the EU faces in this area. The agricultural sector is not only affected by climate change but also contributes significantly to it, according to some assessments. Evidence from a range of reports from the Intergovernmental Panel on Climate Change (IPCC) and the European Commission's Joint Research Centre points to the impacts that climate change ...

In December 2019, the European Parliament declared a climate and environmental emergency in Europe and across the globe – a recognition of the challenges that the EU faces in this area. The agricultural sector is not only affected by climate change but also contributes significantly to it, according to some assessments. Evidence from a range of reports from the Intergovernmental Panel on Climate Change (IPCC) and the European Commission's Joint Research Centre points to the impacts that climate change will have on yields, length of growing season, water availability, biodiversity, and habitats. The pattern of climate change will have a differential impact in terms of the regions affected. A clear north–south divide emerges, with countries of southern Europe likely to face declining yields due to increased temperatures and reduced precipitation. In the legislative proposals for the common agricultural policy (CAP) for the post-2020 period, the European Commission has set a high level of ambition in both environmental and climate change objectives, taking into account the fact that agriculture is responsible for around 10 % of the EU's greenhouse gas (GHG) emissions. The European Green Deal outlined in the Commission's political guidelines aims to make Europe the world's first climate-neutral continent by 2050. A range of mitigation and adaptation responses are available, designed to curb GHG emissions and reduce vulnerability to climate change. The EU can use the CAP as a tool to influence policy-making in the area of climate change. In fact, data on the operation and impact of the CAP on climate change and GHG emissions have been examined using a range of sources, including a study undertaken for the Commission. One of its conclusions is that there are a range of CAP measures that are only partially relevant to climate needs, as the CAP is constrained by the lack of compulsory implementation. Additionally, a series of inconsistencies and 'missed opportunities' were identified in the study. It remains to be seen how such findings will influence the content and design of the new CAP strategic plans, given that the Commission's future proposals for them include giving greater discretion to Member States.

Būsimi renginiai

06-07-2020
Geopolitical implications of the COVID-19 crisis - online hearing
Klausymas -
AFET
06-07-2020
Follow-up of OLAF case files, fighting fraud, corruption and other irregularities
Klausymas -
CONT
07-07-2020
STOA roundtable on deconfinement going digital: The rise of contact tracing apps
Seminaras -
STOA

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