selection

EU law

This tag is associated with 31 posts

Security of ID cards and of residence documents issued to EU citizens and their families

Currently, there are at least 86 different versions of identity cards (ID cards) and 181 types of residence documents in circulation in the EU. The Free Movement Directive (2004/38/EC) stipulates the conditions that EU citizens and their third-country-national family members need to meet in order to exercise their right of free movement and residence within the Union. Continue reading

New EU insolvency rules give troubled businesses a chance to start anew [EU Legislation in Progress]

In 2012, the Commission proposed to recast the 2000 Insolvency Regulation in order to address the cross-border aspects of insolvency in the EU. Adopted in 2015, the recast regulation introduced clear rules on the jurisdiction and law applicable to a debtor’s insolvency proceedings and made mandatory the recognition of those proceedings in other EU Member States. Continue reading

European political parties and political foundations – Statute and funding [EU Legislation in Progress]

On 13 September 2017, the European Commission adopted a proposal to amend the rules on the statute and funding of European political parties and European political foundations. The proposal aims to revise the existing, 2014, regulation ahead of the 2019 European elections, to address specific loopholes. The proposed amendments focus on providing more transparency, improving democratic legitimacy and strengthening enforcement. Continue reading

The Juncker Commission’s ten priorities: State of play in early 2018

The Juncker Commission has now been in office for more than three years. With only one full calendar year to go until the end of its mandate, many consider that 2018 will be judged as ‘the year of delivery’. Continue reading

The European Commission at mid-term: State of play of President Juncker’s ten priorities

Written by Etienne Bassot and Wolfgang Hiller, At a time when, more than ever, citizens expect the European Union institutions to address their concerns and deliver on promises and commitments made, this analysis provides an overview of the work carried out by the European Commission at the mid-term of its current mandate, notably in the … Continue reading

Judicial rules and cooperation in family matters (recast of Brussels IIa Regulation)

Written by Hubert Dalli, This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission’s Impact Assessment (IA) accompanying the above Commission proposal (the proposal), submitted on 30 June 2016 and referred to Parliament’s Committee on Legal Affairs. The proposal is a recast of the Brussels IIa Regulation (the … Continue reading

Understanding the EU Rule of Law mechanisms

Written by Eva-Maria Poptcheva, The European Union is founded on values common to all Member States. These are supposed to ensure a level of homogeneity among Member States, while respecting their national identities, and so facilitate the development of a European identity and their integration based on mutual trust. Article 7 of the Treaty on … Continue reading

The History of European electoral reform and the European Elections Act

Written by Wilhelm Lehmann Next year, the entry into force of the Electoral Act (or Act Concerning the Election of the Representatives of the European Parliament by Direct Universal Suffrage in full), will mark its 40th anniversary. The Act laid the legal foundation for holding the first direct elections to the European Parliament, in June … Continue reading

Fingerprinting migrants: Eurodac Regulation

Written by Anita Orav Eurodac is a biometric database in which Member States are required to enter the fingerprint data of irregular migrants or asylum-seekers in order to identify where they entered the EU, and whether they have previously made asylum applications. Its main purpose is to facilitate the application of the Dublin Regulation, which … Continue reading

The EU institutions and dialogue with non-confessional organisations

Written by Magdalena Pasikowska-Schnass, The European institutions hold dialogue sessions every year with churches and non-confessional and philosophical organisations. Based on Article 17 of the Treaty on the Functioning of the European Union (TFUE) the dialogue focuses on issues upon the European agenda. Background: from ‘A Soul for Europe’ to TFEU Article 17 In 1994, … Continue reading

EU copyright reform: Revisiting the principle of territoriality

Written by Tambiama Madiega Copyright protection is territorial since rights are normally acquired and enforced on a country-by-country basis, and exceptions and limitations to copyright protection vary from one Member State to another. However, the new digital environment increasingly characterised by the use of the internet to deliver content across borders has an impact on … Continue reading

The European Commission’s right to withdraw a legislative proposal

Written by Eva Poptcheva On 14 April 2015, the Court of Justice of the EU (CJEU) delivered a judgment on the power of the Commission to withdraw a legislative proposal during the legislative procedure. The Court confirmed, for the first time, that the right of the Commission to withdraw legislative proposals is inseparable from its … Continue reading

Parental child abduction within the EU

The separation of parents is always a complicated and sensitive issue for the ex-partners and the child(ren). Citizens recurrently turn to the European Parliament asking for help in cases of alleged discrimination on grounds of nationality regarding parental authority or in cases of possible parental child abduction. The number of bi-national marriages in the EU … Continue reading

Judicial review of EU sanctions

The EU can adopt restrictive measures – popularly known as sanctions – in three different situations. It implements all sanctions imposed by the UN; it may reinforce UN sanctions by applying stricter and additional measures, and third, the EU may decide to impose autonomous sanctions in other cases. Sanctions may include travel bans, asset freezes … Continue reading

EU subsidiarity check by National Parliaments

The position of national parliaments in the EU was strengthened in various ways by the Lisbon Treaty in order to enhance democratic legitimacy. Protocol 2 of the Lisbon Treaty introduced a mechanism of subsidiarity scrutiny by national parliaments on draft EU legislation. The so called early warning system including the yellow and orange card procedures give them a … Continue reading

Consumer programme 2014-20

6 language versions available in PDF format Verbraucherprogramm 2014–2020 Programa de Consumidores 2014-2020 Le programme “Consommateurs” 2014-2020 Programma per la tutela dei consumatori 2014-2020 Program ochrony konsumentów na lata 2014-2020 Consumer programme 2014-20 The consumer programme finances actions in the area of EU consumer policy. These aim to create the conditions necessary for EU citizens … Continue reading

Attribution de contrats de concession

6 language versions available in PDF format Konzessionsvergabe Adjudicación de contratos de concesión Attribution de contrats de concession Aggiudicazione dei contratti di concessione Udzielanie koncesji Attribution of concession awards Les concessions constituent une forme importante de partenariats public-privé, à la disposition des autorités publiques pour la réalisation d’infrastructures (par ex. routes à péages) ou la … Continue reading

The key elements of a European Arrest Warrant Framework Decision reform

Natalia Gorczowska, Andrew Symeou, Robert Hörchner are just three of the names often invoked to demonstrate what appear to be the lacunae of the European Arrest Warrant Framework Decision (EAWFD). A long-standing advocate for the reform and improvement of the EAWFD, MEP Sarah Ludford (ALDE, UK) has been appointed Rapporteur for a report on the review of the EAW. In … Continue reading

Le champ d’application de la Charte des droits fondamentaux de l’Union européenne (CDFUE)

Un aspect toujours incertain de la CDFUE est son champ d’application. Conformément à l’article 51 de la Charte, ses dispositions s’adressent aux institutions, organes et organismes de l’Union dans le respect du principe de subsidiarité, ainsi qu’aux États membres uniquement lorsqu’ils mettent en œuvre le droit de l’Union. Bien qu’inclus dans la Charte pour une … Continue reading

La Charte des droits fondamentaux de l’Union européenne et son impact sur les litiges entre particuliers

L’effet horizontal des dispositions de la Charte des droits fondamentaux de l’Union européenne (CDFUE) est une question épineuse à laquelle les juges de la Cour de Justice de l’Union européenne n’ont pas encore eu l’occasion de répondre. Cependant, l’affaire Association de médiation sociale (C-176/12), actuellement devant la Cour, semble présenter cette problématique. Qu’est-ce qu’est l’effet … Continue reading

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