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The EU institutions engage in regular structured dialogue with representatives of churches, and religious, non-confessional and philosophical organisations, on the basis of Article 17 of the Treaty on the Functioning of the European Union (TFEU). This dialogue, which takes the form of high-level meetings or working-level discussions, focuses on policy issues on the European agenda. It traces its origins to earlier initiatives, such as that launched in 1994 by Jacques Delors – 'A soul for Europe' ...

In June 2023, following its investigation into Europe's spyware scandal, the European Ϸվ issued a final recommendation identifying country-specific shortcomings and proposing EU standards for the use of spyware. Proposed safeguards include judicial approval, proportionality requirements, independent oversight, notification duties, and data deletion. Member States embroiled in the spyware scandal are making progress – albeit uneven – towards meeting these standards. Greece has amended its ...

Since the Taliban regime overtook the country in mid-August 2021, Afghanistan's record on women's rights has been one of the worst, if not the worst, in the world. Despite promises to 'uphold women's rights in line with Sharia law', the Taliban have suppressed the rights of their citizens, with women the main target of restrictions. As well as prohibiting women and girls from travelling without a male relative, the Taliban have denied them post-primary education, banned them from numerous public ...

Sixty years ago, the European Court of Justice (ECJ) ruled on the conflict between a rule of Community law, part of the Treaty establishing the European Economic Community (EEC) ('EEC Treaty'), and a subsequent rule of national law, part of a legislative act adopted by a Member State parliament. The ECJ ruled that such a conflict should be resolved in line with the primacy of EU law principle that national courts must apply. The Costa v Enel case concerned an Italian nationalisation law, which created ...

This study, commissioned by the European Ϸվ’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides a quantitative and qualitative analysis of how EU law in the Area of Freedom, Security and Justice (AFSJ) is currently enforced. It discusses traditional enforcement tools like infringement actions, budgetary conditionalities and other policy-based monitoring and evaluation methods. Based on this it formulates policy recommendations ...

The Spanish Ϸվ and EU affairs

Briefing 13-12-2023

The Spanish Constitution of 1978 established a constitutional monarchy and a parliamentary democracy with a bicameral system in the Cortes Generales (Spanish Ϸվ). The two chambers are the Congreso de los Diputados (Congress of Deputies) and the Senado (Senate). Both the Congress and the Senate represent the Spanish people, but the Senate is explicitly designated as the House of territorial representation. Article 137 of the Constitution formalises a quasi-federal system of self-governing ...

The Palestinian National Authority (or Palestinian Authority - PA), is the governing body of the Palestinian autonomous regions of the West Bank and Gaza Strip, established in 1994 as part of the Oslo Accords peace agreement between Israel and the Palestine Liberation Organization (PLO). Relations between the PA and Israel are particularly tense, especially since the new Israeli government took office in December 2022. The PA faces a crisis of legitimacy due to growing dissatisfaction among Palestinians ...

'Rainbow families' – same-sex couples with or without children – still face many obstacles while exercising their free movement rights today. In a debate in the European Ϸվ in September 2010, then European Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, stated, 'Let me stress this. If you live in a legally recognised same-sex partnership, or marriage, in country A, you have the right – and this is a fundamental right – to take this status and that of your partner ...

The Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA) between the EU and the UK set the terms for the UK’s departure from the Union and a framework for future relations. Tensions surfaced, mainly related to fisheries and the Protocol on Ireland / Northern Ireland (the Protocol), which is a part of the WA. The UK had threatened to take 'unilateral measures' on issues such as border controls. For its part, the EU launched legal actions against the UK for failing to fulfil its ...

The Van Gend & Loos and Costa v ENEL cases, decided on 5 February 1963 and 15 July 1964, respectively, are commonly considered the two building blocks of EU law as an autonomous legal order with direct effect before national courts and primacy over national law. However, there is a third important case, decided between the other two, without which neither direct effect nor primacy of EU law would be considered binding doctrines. On 27 March 1963, on a preliminary reference from the Dutch customs ...