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This briefing is one in a series of 'implementation appraisals', produced by the European Parliamentary Research Service (EPRS), on the operation of existing EU legislation in practice. Each briefing focuses on a specific EU law that is to be amended or reviewed, as envisaged in the European Commission's annual work programme. 'Implementation appraisals' aim to provide a succinct overview of publicly available material on the implementation, application and effectiveness to date of an EU law, drawing ...

Asylum procedures at the border

Študija 13-11-2020

Fast-tracking procedures at European Union external borders for determining whether individuals are entitled to international protection is a priority in the proposed Pact on Migration and Asylum. This European Implementation Assessment concludes that current Member State practice does not result in uniform and effective reviews of applications for international protection on the basis of a fair process. In particular, certain Member States apply time-lines within which no serious consideration of ...

This European Added Value Assessment assesses the potential added value of an EU pact on Democracy the Rule of law and Fundamental rights covering all Member States as proposed by the European Parliament, comparing it to the European Commission's approach in its annual rule of law report, which only covers the rule of law and further integration requiring Treaty change. It concludes that the pact proposed by the European Parliament would lead to significant benefits in terms of more effective monitoring ...

This study analyses the existing and proposed mechanisms available to the institutions of the EU that may be deployed in order to monitor and enforce the observance of EU values by the Member States. More specifically, the study addresses the status and meaning of EU values (Article 2 TEU) and also discusses existing monitoring and preventive mechanisms (European Semester, EU Justice Scoreboard, Commission's rule of law framework, the Council's dialogues on the rule of law, and the preventive arm ...

The common values of democracy, the rule of law and fundamental rights (DRF) lie at the heart of the European integration process and are central to the values of the European Union (EU). In practice, however, individual and collective (lack of) Member State action can undermine these common values. This situation applied before the outbreak of the coronavirus crisis, but some of the national measures taken since the outbreak of the pandemic have tested the resilience of these values further. More ...

European Arrest Warrant

Študija 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 preliminary European Added Value Assessment provides a comparison of the main features of the methodologies proposed by the European Parliament and the Commission on monitoring compliance with EU values. It reveals that though the Commission has made a significant step towards Parliament's position, four key differences in their approach remain. These notably relate to what is assessed, by whom and which follow-up is to be provided. The Parliament calls for an interinstitutional agreement in ...

European arrest warrant

Poglobljena analiza 19-02-2020

The European Arrest Warrant has led to simplified and faster surrender procedures for suspects and sentenced persons. However, trust in the system needs to be enhanced through proper implementation and further harmonisation of substantive and procedural criminal law.

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing ...

Substantial progress has been made since creating an area of freedom, security and justice became a major political objective for the EU 20 years ago. Still, there is a lack of consistent monitoring and enforcement of EU values and norms as well as outstanding gaps in the EU’s framework in certain areas. These deficiencies have a significant impact at individual level, notably in terms of preventing the effective exercise of fundamental rights by EU citizens and third country nationals alike. They ...