11

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Impeachment of the United States President

24-10-2019

On 24 September 2019, the Speaker of the United States House of Representatives, Nancy Pelosi (Democrat, California), announced the launch of an impeachment inquiry into President Donald Trump, the fourth President in the history of the United States to face the prospect of such an inquiry. The US Constitution provides for an impeachment process, but interpretations of the relevant clauses vary, creating controversy.

On 24 September 2019, the Speaker of the United States House of Representatives, Nancy Pelosi (Democrat, California), announced the launch of an impeachment inquiry into President Donald Trump, the fourth President in the history of the United States to face the prospect of such an inquiry. The US Constitution provides for an impeachment process, but interpretations of the relevant clauses vary, creating controversy.

Parliamentary scrutiny of the European Commission: implementation of the Treaty provisions

02-10-2018

The European Parliament's application of scrutiny prerogatives of political oversight of the European Commission increases the democratic legitimacy of the European Union, and the transparency and accountability of the European executive. The study examines the status quo of the European Parliament's powers of scrutiny of the European Commission. The cases examined pertain mainly to electoral and institutional issues, motions of censure, parliamentary questions, inquiry committees and special parliamentary ...

The European Parliament's application of scrutiny prerogatives of political oversight of the European Commission increases the democratic legitimacy of the European Union, and the transparency and accountability of the European executive. The study examines the status quo of the European Parliament's powers of scrutiny of the European Commission. The cases examined pertain mainly to electoral and institutional issues, motions of censure, parliamentary questions, inquiry committees and special parliamentary committees and reporting, consultation and provision of information. It also touches upon scrutiny in budgetary issues, scrutiny of delegated acts, scrutiny in the legislative procedure, legal proceedings and the EU's external relations.

Komisja śledcza ds. dokumentów panamskich (PANA)

05-12-2017

Komisję śledczą Parlamentu Europejskiego do zbadania zarzutów naruszenia prawa Unii i niewłaściwego administrowania w jego stosowaniu w odniesieniu do prania pieniędzy, unikania opodatkowania i uchylania się od opodatkowania (komisja PANA) powołano w czerwcu 2016 r. Jej sprawozdanie i zalecenia, przedłożone celem przyjęcia podczas grudniowej sesji plenarnej Parlamentu Europejskiego, otwierają drogę do dalszych działań monitorujących i następczych.

Komisję śledczą Parlamentu Europejskiego do zbadania zarzutów naruszenia prawa Unii i niewłaściwego administrowania w jego stosowaniu w odniesieniu do prania pieniędzy, unikania opodatkowania i uchylania się od opodatkowania (komisja PANA) powołano w czerwcu 2016 r. Jej sprawozdanie i zalecenia, przedłożone celem przyjęcia podczas grudniowej sesji plenarnej Parlamentu Europejskiego, otwierają drogę do dalszych działań monitorujących i następczych.

Policy Departments’ Monthly Highlights - November 2016

21-11-2016

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.

CIA renditions and secret detention programme

02-06-2016

The CIA's extraordinary rendition and secret detention programme has again come under the scrutiny of the European Parliament, which will ask the Commission and the Council during the June plenary about the measures taken to implement Parliament's recommendations on the matter.

The CIA's extraordinary rendition and secret detention programme has again come under the scrutiny of the European Parliament, which will ask the Commission and the Council during the June plenary about the measures taken to implement Parliament's recommendations on the matter.

Parliament's committees of inquiry and special committees

02-06-2016

The European Parliament has recently been making increasing use of its investigative instruments – special and inquiry committees. The TAXE Committee, established in the aftermath of the 'LuxLeaks' scandal to look into unfair tax practices in the EU, was followed by the TAXE 2 special committee on tax rulings. The EMIS committee of inquiry is looking into emission measurements in the automotive sector. The recently revealed 'Panama papers' prompted a new committee of inquiry on tax havens. Parliament's ...

The European Parliament has recently been making increasing use of its investigative instruments – special and inquiry committees. The TAXE Committee, established in the aftermath of the 'LuxLeaks' scandal to look into unfair tax practices in the EU, was followed by the TAXE 2 special committee on tax rulings. The EMIS committee of inquiry is looking into emission measurements in the automotive sector. The recently revealed 'Panama papers' prompted a new committee of inquiry on tax havens. Parliament's right of inquiry is an important instrument for the exercise of its control functions. Its investigative powers, however, fall short of the powers of committees of inquiry in national parliaments, which have quasi-judicial investigative tools at their disposal. Committees of inquiry are limited to examinations of alleged contraventions and maladministration in the implementation of EU law, thus excluding evidence-gathering about general subjects and inquiries into actions by third-country authorities. 'Special committees', on the other hand, can be set up for any parliamentary inquiry and have thus been used more often by Parliament. Although they are not equipped with formal powers, special committees conduct their work using the same investigative mechanisms as committees of inquiry. The Lisbon Treaty conferred on Parliament the power to propose and adopt a binding regulation on the inquiry rules.

A Quest for Accountability? EU and Member State Inquiries into the CIA Rendition and Secret Detention Programme

15-09-2015

At the request of the LIBE Committee, this study assesses the extent to which EU Member States have delivered accountability for their complicity in the US CIA-led extraordinary rendition and secret detention programme and its serious human rights violations. It offers a scoreboard of political inquiries and judicial investigations in supranational and national arenas in relation to Italy, Lithuania, Poland, Romania and the United Kingdom. The study takes as a starting point two recent and far-reaching ...

At the request of the LIBE Committee, this study assesses the extent to which EU Member States have delivered accountability for their complicity in the US CIA-led extraordinary rendition and secret detention programme and its serious human rights violations. It offers a scoreboard of political inquiries and judicial investigations in supranational and national arenas in relation to Italy, Lithuania, Poland, Romania and the United Kingdom. The study takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report and new European Court of Human Rights judgments regarding EU Member States’ complicity with the CIA. The study identifies significant obstacles to further accountability in the five EU Member States under investigation: notably the lack of independent and effective official investigations and the use of the ‘state secrets doctrine’ to prevent disclosure of the facts, evade responsibility and hinder redress to the victims. The study puts forward a set of policy recommendations for the European Parliament to address these obstacles to effective accountability.

Autorzy zewnętrzni

Didier Bigo (King’s College, London, the UK ; Science Po, Paris, France ; Centre for Study of Conflicts, Liberty and Security), Sergio Carrera (Centre for European Policy Studies - CEPS ; University of Maastricht, the Netherlands), Elspeth Guild (Centre for European Policy Studies - CEPS ; Radboud University Nijmegen and Queen Mary, University of London, the UK) and Raluca Radescu (Centre for European Policy Studies - CEPS)

Parliament's investigative powers - Committees of inquiry and special committees

19-02-2015

In the aftermath of the 'LuxLeaks' scandal relating to tax evasion by multinational companies through Luxembourg, Ireland, Belgium and the Netherlands, Parliament decided to set up a 'special committee' to look into unfair tax practices in the EU. 188 MEPs had originally requested a committee of inquiry be established, but the Conference of Presidents found that the legal conditions to set up a committee of inquiry would not be met in this case. Parliament's right of inquiry is an important instrument ...

In the aftermath of the 'LuxLeaks' scandal relating to tax evasion by multinational companies through Luxembourg, Ireland, Belgium and the Netherlands, Parliament decided to set up a 'special committee' to look into unfair tax practices in the EU. 188 MEPs had originally requested a committee of inquiry be established, but the Conference of Presidents found that the legal conditions to set up a committee of inquiry would not be met in this case. Parliament's right of inquiry is an important instrument for the exercise of its control functions. Parliament's investigative powers, however, fall short of the powers of committees of inquiry in national parliaments, which have quasi-judicial investigative tools at their disposal. Committees of inquiry are limited to examinations of alleged contraventions and maladministration in the implementation of EU law, thus excluding evidence-gathering about general subjects and inquiries into actions by third-country authorities. 'Special committees', on the other hand, can be set up for any parliamentary inquiry and have thus been used more often by Parliament. Although they are not equipped with formal powers, special committees conduct their inquiries using the same investigative mechanisms as committees of inquiry. The Lisbon Treaty conferred on Parliament the power to propose and adopt a binding regulation on the inquiry rules. A proposal put forward by Parliament during the last parliamentary term met with opposition from both Council and Commission, which claimed that Parliament sought to extend its right of inquiry excessively. The Committee on Constitutional Affairs has appointed a rapporteur to continue the trilogue negotiations in a bid to obtain the consent of the Council and the Commission.

The Results of Inquiries into the CIA's Programme of Extraordinary Rendition and Secret Prisons in European States in Light of the New Legal Framework Following the Lisbon Treaty

15-05-2012

This note provides an assessment of the ‘state of play’ of European countries’ inquiries into the CIA’s programme of extraordinary renditions and secret detentions in light of the new legal framework and fundamental rights architecture that has emerged since the Treaty of Lisbon entered into force. It identifies a number of ‘EU law angles’ that indicate a high degree of proximity between the consequences of human rights violations arising from the alleged transportation and unlawful detention of ...

This note provides an assessment of the ‘state of play’ of European countries’ inquiries into the CIA’s programme of extraordinary renditions and secret detentions in light of the new legal framework and fundamental rights architecture that has emerged since the Treaty of Lisbon entered into force. It identifies a number of ‘EU law angles’ that indicate a high degree of proximity between the consequences of human rights violations arising from the alleged transportation and unlawful detention of prisoners and EU law, competences and actions – which challenge the competence of EU institutions and/or their obligation to act. The note presents a scoreboard and a detailed survey of the results, progress and main accountability obstacles of political, judicial and ombudsmen inquiries in twelve European countries. It argues that in addition to the various accountability challenges, the uneven progress and differentiated degrees of scrutiny, independence and transparency that affect national inquiries compromise the general principles of mutual trust, loyal cooperation and fundamental rights that substantiate the EU’s Area of Freedom, Security and Justice (AFSJ) and in particular, those policies that are rooted in the principle of mutual recognition. Finally, the note uses the findings to formulate a number of policy proposals for the European Parliament.

Autorzy zewnętrzni

Sergio Carrera (CEPS), Elspeth Guild (CEPS), João Soares da Silva (CEPS) and Anja Wiesbrock (University of Maastricht)

Extraordinary rendition of terrorist suspects : the EU Member States' alleged assistance to the CIA

18-01-2012

Following 9/11, the Bush Administration established an ""extraordinary rendition"" system, whereby terrorism suspects were transferred, secretly detained and interrogated outside the US. There has been growing evidence of EU Member States' (MS) collaboration with the US, allegedly including stopovers by US aircraft at European airports and the setting up of secret detention sites in three MS. This would arguably amount to serious violations of international human rights law. The European Parliament ...

Following 9/11, the Bush Administration established an ""extraordinary rendition"" system, whereby terrorism suspects were transferred, secretly detained and interrogated outside the US. There has been growing evidence of EU Member States' (MS) collaboration with the US, allegedly including stopovers by US aircraft at European airports and the setting up of secret detention sites in three MS. This would arguably amount to serious violations of international human rights law. The European Parliament and the Council of Europe (CoE) have investigated those allegations and initiated judicial and parliamentary investigations in individual MS. However, the investigators' work was hindered by the refusal of both the US and European governments to disclose information, in most cases on grounds of ""state secrecy"". No criminal proceedings against agents involved in extraordinary rendition could be initiated in the US. Those in the EU have not led to the extradition of American agents. Amongst the EU institutions, the European Parliament has been the major proponent of holding MS accountable for their participation in irregular rendition. It severely criticised the Council and MS governments for not doing enough to shed light on the actions of their secret services.

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