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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.

Autorzy zewnętrzni

Andreas MAURER, Michael C. WOLF

El Derecho de excepción, una perspectiva de Derecho Comparado - España: estado de alarma

08-07-2020

Este documento se integra en una serie de análisis que pretenden, desde la perspectiva del Derecho Comparado, presentar el Derecho de excepción en diferentes Estados, con especial atención a aquellos fundamentos jurídicos en que se basan las medidas de emergencia que se pueden adoptar ante crisis, como puede ser la crisis sanitaria provocada por la pandemia del COVID-19. El presente análisis tiene como objeto el caso de España. Se trata de la segunda edición.

Este documento se integra en una serie de análisis que pretenden, desde la perspectiva del Derecho Comparado, presentar el Derecho de excepción en diferentes Estados, con especial atención a aquellos fundamentos jurídicos en que se basan las medidas de emergencia que se pueden adoptar ante crisis, como puede ser la crisis sanitaria provocada por la pandemia del COVID-19. El presente análisis tiene como objeto el caso de España. Se trata de la segunda edición.

Autorzy zewnętrzni

Gabriel LECUMBERRI BEASCOA

Association agreement between the EU and Ukraine

07-07-2020

The European implementation assessment (EIA) evaluates the implementation of the association agreement (EU AA), including the Deep and Comprehensive Free Trade Agreement (DCFTA), between the EU and Ukraine. The evaluation forms an update of an evaluation published in July 2018. The EIA shows progress and challenges in the implementation of the agreement in Ukraine and stresses the importance of further reforms in this Eastern Partnership country. The EIA consists of two parts, an opening analysis ...

The European implementation assessment (EIA) evaluates the implementation of the association agreement (EU AA), including the Deep and Comprehensive Free Trade Agreement (DCFTA), between the EU and Ukraine. The evaluation forms an update of an evaluation published in July 2018. The EIA shows progress and challenges in the implementation of the agreement in Ukraine and stresses the importance of further reforms in this Eastern Partnership country. The EIA consists of two parts, an opening analysis prepared internally by the DG EPRS and a briefing paper prepared externally by the Polish Institute of International Affairs. The EIA has been prepared to accompany the European Parliament Committee on Foreign Affairs (AFET) in its scrutiny work, namely on its work on the own-initiative annual implementing report on the EU association agreement with Ukraine.

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.

Autorzy zewnętrzni

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.

Autorzy zewnętrzni

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.

Autorzy zewnętrzni

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.

Europeanising European Public Spheres

15-06-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, provides a brief overview of the academic debates on Europeanisation as well as contestation and politicisation of the EU and European integration. Against this background, it focuses on the European public sphere(s), in particular those based on the media and parliaments. The study further discusses current reform proposals aiming to Europeanise ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, provides a brief overview of the academic debates on Europeanisation as well as contestation and politicisation of the EU and European integration. Against this background, it focuses on the European public sphere(s), in particular those based on the media and parliaments. The study further discusses current reform proposals aiming to Europeanise the European elections and concludes with recommendations on increasing the legitimacy of the European Union.

Autorzy zewnętrzni

Katrin AUEL, Guido TIEMANN

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).

Autorzy zewnętrzni

Prof. Dr. Brigitte UNGER

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