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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.

Association agreement between the EU and the Republic of Moldova

19-05-2020

The European Implementation Assessment (EIA) evaluates the implementation of the EU association agreement (EU AA), including the Deep and Comprehensive Free Trade Agreement (DCFTA), with the Republic of Moldova. The EIA presents progress and challenges in the implementation of reforms in this Eastern Partnership country since July 2018, when a previous report was published, until now. The EIA consists of two parts, an opening analysis prepared internally by the DG EPRS and a briefing paper prepared ...

The European Implementation Assessment (EIA) evaluates the implementation of the EU association agreement (EU AA), including the Deep and Comprehensive Free Trade Agreement (DCFTA), with the Republic of Moldova. The EIA presents progress and challenges in the implementation of reforms in this Eastern Partnership country since July 2018, when a previous report was published, until now. The EIA consists of two parts, an opening analysis prepared internally by the DG EPRS and a briefing paper prepared externally by the Centre of Eastern Studies (OSW). 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 Moldova.

Improving Anti-Money Laundering Policy

15-05-2020

This study evaluates four measures discussed by the European Parliament, the European Commission and others, to improve anti-money laundering policy. First, identifying high-risk countries through blacklisting. Second, reducing laundering through letterbox or shell companies. Third, harmonising EU AML policies through regulations. Fourth, strengthening the European executive, e.g. through a European public prosecutor, a European FIU, a European supervisor, or a European police also in the light of ...

This study evaluates four measures discussed by the European Parliament, the European Commission and others, to improve anti-money laundering policy. First, identifying high-risk countries through blacklisting. Second, reducing laundering through letterbox or shell companies. Third, harmonising EU AML policies through regulations. Fourth, strengthening the European executive, e.g. through a European public prosecutor, a European FIU, a European supervisor, or a European police also in the light of COVID-19. 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).

Autor extern

Prof. Dr. Brigitte UNGER

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

13-05-2020

Member States have adopted a range of emergency measures in response to the unprecedented public health crises generated by the coronavirus pandemic. Whereas not all Member States dispose of constitutional mechanisms to enable the declaration of a 'state of emergency', all have taken exceptional and far-reaching emergency measures that affect citizens' rights and freedoms as well as democratic processes. These institutional changes and the restrictions imposed on citizens' lives pose significant ...

Member States have adopted a range of emergency measures in response to the unprecedented public health crises generated by the coronavirus pandemic. Whereas not all Member States dispose of constitutional mechanisms to enable the declaration of a 'state of emergency', all have taken exceptional and far-reaching emergency measures that affect citizens' rights and freedoms as well as democratic processes. These institutional changes and the restrictions imposed on citizens' lives pose significant institutional and democratic challenges. Given their impact on fundamental rights and freedoms and on the normal functioning of democracy, emergency measures need to be carefully examined, matched with adequate legal safeguards, and subject to close democratic scrutiny. This is particularly true in the context of rapid changes of circumstances and in view of new evidence about the evolution of the crisis and its implications. This briefing covers the following countries: Bulgaria, Estonia, Latvia, Malta, Austria, Romania, and Slovenia. It focuses on three key aspects: i) the constitutional framework of the state emergency or legitimation of the emergency legislation; ii) the concrete measures adopted; and iii) the extent of parliamentary oversight exercised on the adopted measures. This briefing is the second in a series aimed at providing a comparative overview of Member States' institutional responses to the coronavirus crisis. The first in the series covered an initial set of seven Member States.

Study in focus: The Green Deal’s growth, financial and regulatory challenges

08-05-2020

The aim of this study is to critically assess the proposed Green Deal’s growth, financing and regulatory challenges. The study discusses the need for a strong narrative and coordination. It examines the key growth drivers of the Green Deal and the green investment gap, the optimal mix of taxation and command-and-control measures, trade and competition policy and the implications for macroprudential supervision. This document was provided by the Policy Department for Economic, Scientific and Quality ...

The aim of this study is to critically assess the proposed Green Deal’s growth, financing and regulatory challenges. The study discusses the need for a strong narrative and coordination. It examines the key growth drivers of the Green Deal and the green investment gap, the optimal mix of taxation and command-and-control measures, trade and competition policy and the implications for macroprudential supervision. 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.

Autor extern

Karel Volckaert

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

04-05-2020

With the first case of unknown pneumonia reported in the province of Wuhan (People's Republic of China) on 31 December 2019, within few weeks the coronavirus (Covid-19) was declared a pandemic by the World Health Organization on 30 January 2020. Since then it has spread to most corners of the globe. While the health threat it poses and the challenge it represents for human health is paramount, no less important is the strain it puts on the legal order. For most of the affected countries, in particular ...

With the first case of unknown pneumonia reported in the province of Wuhan (People's Republic of China) on 31 December 2019, within few weeks the coronavirus (Covid-19) was declared a pandemic by the World Health Organization on 30 January 2020. Since then it has spread to most corners of the globe. While the health threat it poses and the challenge it represents for human health is paramount, no less important is the strain it puts on the legal order. For most of the affected countries, in particular in the EU, this outbreak is posing unprecedented institutional challenges and has obliged institutions and governments to adopt strict measures affecting citizens' rights in a way unparalleled since the Second World War. While some Member States' constitutions include mechanisms allowing for recourse to a 'state of emergency' or the entrustment of special powers to specific institutions, other Member States' legal orders do not, either for historic reasons or owing to institutional tradition. Crucial aspects of the exercise of public powers under a pandemic threat include not only the extent of the measures adopted, but also their legitimacy, raising the question of their duration and of the degree of parliamentary oversight. This briefing is the first in a series intended to offer a comparative overview of the institutional responses adopted in different Member States, in the light of i) the constitutional framework for the state of emergency or legitimation of the emergency legislation ii) the specific measures adopted, iii) the extent of the parliamentary oversight exercised over the measures adopted. This first briefing, therefore, offers an overview of the responses to the coronavirus pandemic in Belgium, France, Germany, Hungary, Italy, Poland and Spain.

Study in focus: Crypto-assets

04-05-2020

The study sets out recent developments regarding crypto-assets. These relate mainly to the continuing use of crypto-assets for money laundering and terrorist financing, the massive growth of private “tokens” used to raise funds, and to the emergence of stablecoins and central bank digital currencies. Furthermore, the study addresses key regulatory concerns, taking into account these recent developments, and suggests regulatory responses. This document was provided by the Policy Department for Economic ...

The study sets out recent developments regarding crypto-assets. These relate mainly to the continuing use of crypto-assets for money laundering and terrorist financing, the massive growth of private “tokens” used to raise funds, and to the emergence of stablecoins and central bank digital currencies. Furthermore, the study addresses key regulatory concerns, taking into account these recent developments, and suggests regulatory responses. 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.

Autor extern

Prof. Dr. Robby HOUBEN and Alexander SNYERS

EU rules on administrative procedure - state of play

23-04-2020

Framework for National Roma Integration Strategies up to 2020: European Implementation Assessment

23-04-2020

This study provides a review of the EU Framework for National Roma Integration Strategies (NRIS) up to 2020. It was produced at the request of the Committee for Civil Liberties. Justice and Home Affairs (LIBE) and the Committee for Employment and Social Affairs (EMPL) to feed into the discussions regarding the post-2020 Framework. The study provides a synthesis of evaluations and opinions of the Framework. It gives an appreciation of the coordination, consultation and monitoring structures and the ...

This study provides a review of the EU Framework for National Roma Integration Strategies (NRIS) up to 2020. It was produced at the request of the Committee for Civil Liberties. Justice and Home Affairs (LIBE) and the Committee for Employment and Social Affairs (EMPL) to feed into the discussions regarding the post-2020 Framework. The study provides a synthesis of evaluations and opinions of the Framework. It gives an appreciation of the coordination, consultation and monitoring structures and the way they work out in practice. It also looks at the interplay with other EU legal, funding and policy instruments. It then reviews the main policy objectives, namely (Roma access to) education, employment, health, housing, as well as anti-discrimination and anti-gypsyism.

Evenimente viitoare

03-06-2020
EPRS online Book Talk | One of Them: From Albert Square to Parliament Square
Alt eveniment -
EPRS
11-06-2020
CONT Public Hearing: Implementation of EU funds
Audiere -
CONT
11-06-2020
STOA Roundtable on Digital Sovereign Identity
Atelier -
STOA

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