Dokumentai - Think Tank - Europos Parlamentas

Briefing - The protection of vulnerable adults in cross-border situations - 12-12-2023

Mon, 11 Dec 2023 23:00:00 GMT

As the mobility of people in the EU's ageing societies increases, so does the need to protect a particular group – vulnerable adults. Because of an impairment or insufficiency in their personal faculties, these adults are unable to protect their interests and have to rely on support from others. While all EU Member States have established legal provisions and practices addressing these people's needs, they are highly divergent, for example, as regards powers of representation. Besides these national differences, additional obstacles arise across borders in relation to the determination of the jurisdiction and law to be applied; the recognition of decisions issued by other Member States; and international cooperation among competent national authorities. To remove or mitigate these obstacles, an international private law instrument – the Hague Convention on the International Protection of Adults – was adopted in 2000, but has so far only been ratified by 12 Member States. To secure ratification by all Member States but also to complement the Hague Convention, the European Commission has adopted a proposal for a regulation along with a proposal for a Council decision authorising Member States to become party to the convention. Within the �Ϸ��վ, the Committee on Legal Affairs (JURI) is handling the file. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Šaltinis : © Europos Sąjunga, 2023 - EP

Tyrimas - European Commercial Contract Law - 12-10-2023

Wed, 11 Oct 2023 22:00:00 GMT

This study – commissioned by the Policy Department C at the request of the Committee on Legal Affairs – aims at discussing the reasons why the law chosen in commercial contracts is largely non-European and non-member state law. To do so, it first provides an overview of the relevant academic and policy efforts underwent to formulate a European contract law. Then it moves on to touch upon a broad spectrum of matters emerging both from international reports on the adjudication and the functioning of the courts systems, as well as from academic literature on matters that span from contract qualification, interpretation, integration, and some fundamental aspects of remedies.

Šaltinis : © Europos Sąjunga, 2023 - EP

Briefing - ECJ case law on judicial independence: A chronological overview - 03-10-2023

Mon, 02 Oct 2023 22:00:00 GMT

In recent years, European Court of Justice (ECJ) case law has been playing an increasingly pivotal role in the development of the emerging common minimum standards of judicial independence, binding on the EU Member States as a matter of Union law. The ECJ has based its case law primarily on Article 19 of the Treaty on European Union (TEU), which requires Member States to provide for effective judicial protection in areas covered by EU law, on Article 47 of the Charter of Fundamental Rights of the EU (CFR), which requires Member States to guarantee a fair trial and effective judicial protection when implementing EU law, and on Article 2 TEU, which includes the rule of law among the values that are common to the Member States and to which they have committed when joining the EU (as required by Article 49 TEU). The ECJ sees the development of common minimum standards of judicial independence as necessary not only for national courts to guarantee effective judicial protection but also to preserve the mutual trust between national judiciaries within the EU. In its case law on judicial independence, the ECJ has focused specifically on the autonomy of the judiciary from the other branches of government (legislative and executive), on citizens' perceptions of independence, and on specific guarantees of independence within appointment procedures and disciplinary proceedings for judges. Whereas the ECJ has reiterated that laws setting the rules on how the national judiciaries are to be organised is a competence of the Member States, it has also required, given the Member States' Treaty obligations stemming from Articles 2, 19 and 49 TEU and from Article 47 of the CFR, that they may not, following their accession to the EU, lower their standards of judicial independence (principle of non-regression).

Šaltinis : © Europos Sąjunga, 2023 - EP

Briefing - Russia’s war on Ukraine in international law and human rights bodies: Bringing institutions back in - 08-04-2022

Mon, 11 Apr 2022 22:00:00 GMT

In the midst of war, human rights and international law institutions have responded with unprecedented speed to the unfolding crisis, not least due to the strong engagement of the Ukraine government in multilateral fora. While these institutions can deliver little immediate relief for Ukraine citizens, the initiatives have important political functions: they show the political and legal alternatives to the logic of war chosen by the Russian government; they contribute to formalising international consensus and providing independent legal assessments of the attack; and, most importantly, they prepare the ground to ensure accountability for crimes committed in the context of the war. .

Šaltinis : © Europos Sąjunga, 2022 - EP

Glaustai - International Court of Justice preliminary decision in Ukraine v Russia (2022) - 31-03-2022

Wed, 30 Mar 2022 22:00:00 GMT

On 16 March 2022, after a fast-track procedure, the International Court of Justice ordered provisional measures in the Ukraine v Russia case. In bringing the case, Ukraine argued that Russia had wrongfully claimed a genocide in Ukraine to justify its invasion. Russia, meanwhile, rejected the Court's jurisdiction. Given the lack of evidence for Russia's genocide allegations, and the principle that any action to prevent genocide must be taken in good faith and in line with international law, the Court called on Russia to suspend military operations immediately.

Šaltinis : © Europos Sąjunga, 2022 - EP

Tyrimas - The role of constitutional courts, a comparative law perspective - Canada: The Supreme Court - 23-07-2019

Tue, 23 Jul 2019 13:07:31 GMT

This study is part of a wider project investigating, from a comparative law perspective, the role of constitutional courts of different states. Following a brief historical introduction to the jurisdiction of the state in question, the various reports examine the composition, internal organization, functioning, jurisdiction of the various highest courts, as well as the right of access to its courtroom, its procedural rules, and the effects and the execution of its judgments. The present study examines Canada’s highest court, the Supreme Court. While all judicial courts may rule on constitutional matters, the Supreme Court of Canada enjoys a privileged status in the Canadian legal landscape. As the ultimate arbiter of the Constitution, it has the final word with respect to constitutional interpretation, notably in constitutional matters. It thus plays a central role in Canada’s federal democracy.

Šaltinis : © Europos Sąjunga, 2019 - EP

Tyrimas - Access to legal remedies for victims of corporate human rights abuses in third countries - 01-02-2019

Wed, 27 Feb 2019 23:00:00 GMT

European-based multinational corporations can cause or be complicit in human rights abuses in third countries. Victims of corporate human rights abuses frequently face many hurdles when attempting to hold corporations to account in their own country. Against this backdrop, judicial mechanisms have increasingly been relied on to bring legal proceedings in the home States of the corporations. This study attempts to map out all relevant cases (35 in total) filed in Member States of the European Union on the basis of alleged corporate human rights abuses in third countries. It also provides an in-depth analysis of 12 cases and identifies various obstacles (legal, procedural and practical) faced by claimants in accessing legal remedy. On the basis of these findings, it makes a number of recommendations to the EU institutions in order to improve access to legal remedies in the EU for victims of human rights abuses by European based companies in third countries.

Šaltinis : © Europos Sąjunga, 2019 - EP

Glaustai - Policy Departments' Monthly Highlights - December 2018 - 10-12-2018

Sun, 09 Dec 2018 23:00:00 GMT

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Šaltinis : © Europos Sąjunga, 2018 - EP

Briefing - Action for damages against the EU - 07-12-2018

Fri, 07 Dec 2018 11:06:41 GMT

Most legal systems, both of states and of international organisations, provide for the liability of public administrations for damage done to individuals. This area of the law, known as 'public tort law', varies considerably from country to country, even within the European Union (EU). The EU Treaties have, from the outset, provided for liability of the EU for public torts (wrongs), in the form of action for damages against the EU, now codified in the second and third paragraphs of Article 340 of the Treaty on the Functioning of the European Union (TFEU). However, these rules are notoriously vague and brief, and refer to the 'general principles common to the laws of the Member States' as the source for the rules of EU public tort law. Since the laws of the Member States on public torts differ significantly, the reference has been treated by the Court of Justice of the European Union (CJEU) as empowerment to develop EU public tort law in its own case law. The rules developed by the CJEU have been criticised by some academics as being very complex, non-transparent and unpredictable. Experts have also pointed out that the threshold of liability is set so high that actions for damages prove successful in very few cases only. According to the data available, from the establishment of the EU until 2014, the Court only actually granted compensation to applicants in 39 cases. As a result, some scholars have even pointed out that the principle of EU liability for public torts is 'illusory' and that action for damages is not an effective means of protecting fundamental rights. Other academics add that the question of establishing the principles of EU public tort law is not merely a technical issue, but a political one, as it touches upon fundamental questions of distributive justice and the form of government in the Union, and therefore should be the subject of democratic debate. This Briefing is one in a series aimed at explaining the activities of the CJEU.

Šaltinis : © Europos Sąjunga, 2018 - EP

Tyrimas - The Future Relationship between the UK and the EU following the UK’s withdrawal from the EU in the field of family law - 23-10-2018

Mon, 22 Oct 2018 22:00:00 GMT

This study, commissioned by the European �Ϸ��վ’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, explores the possible legal scenarios of judicial cooperation between the EU and the UK at both the stage of the withdrawal and of the future relationship in the area of family law, covering the developments up until 5 October 2018. More specifically, it assesses the advantages and disadvantages of the various options for what should happen to family law cooperation after Brexit in terms of legal certainty, effectiveness and coherence. It also reflects on the possible impact of the departure of the UK from the EU on the further development of EU family law. Finally, it offers some policy recommendations on the topics under examination.

Šaltinis : © Europos Sąjunga, 2018 - EP

Glaustai - Recast of the Brussels IIa Regulation - 10-01-2018

Wed, 10 Jan 2018 10:00:50 GMT

On 21 November 2017, �Ϸ��վ's Committee on Legal Affairs adopted its report on the Commission proposal for a recast Brussels IIa Regulation concerning the 'free movement' of judgments in non-patrimonial family matters. Since a special legislative procedure applies, the European �Ϸ��վ is only consulted; it is expected to vote during its January plenary session.

Šaltinis : © Europos Sąjunga, 2018 - EP

Briefing - The state of implementation of the EU Succession Regulation’s provisions on its scope, applicable law, freedom of choice, and parallelism between the law and the courts - 20-11-2017

Tue, 21 Nov 2017 23:00:00 GMT

This briefing, commissioned by the European �Ϸ��վ’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on the scope, applicable law, party autonomy and parallelism between forum and jus.

Šaltinis : © Europos Sąjunga, 2017 - EP

Briefing - The state of implementation of the EU Succession Regulation’s provisions on public policy’s exception, universal application and renvoi, the European Certificate of Succession and access to registers - 20-11-2017

Tue, 21 Nov 2017 23:00:00 GMT

This briefing, commissioned by the European �Ϸ��վ’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on public policy’s exception, universal application, renvoi and on the European Certificate of Succession.

Šaltinis : © Europos Sąjunga, 2017 - EP

Tyrimas - Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective - Canada - 06-10-2017

Thu, 05 Oct 2017 22:00:00 GMT

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’. Essentially, while Canadian citizens benefit from a wide range of rights and proceedings, access to the country’s Supreme Court is restricted due to the limited number of cases the Court chooses to hear every year. More generally, access to justice continues to pose real challenges in Canada. This is not due to judicial failings or a lack of sources of rights per se, but rather to lengthy judicial delays and the often enormous costs of proceedings.

Šaltinis : © Europos Sąjunga, 2017 - EP

Glaustai - Establishing the European Public Prosecutor - 28-09-2017

Thu, 28 Sep 2017 10:58:41 GMT

�Ϸ��վ is expected to vote during the October I plenary session on giving its consent to the proposed regulation on the European Public Prosecutor’s Office (EPPO), agreed by 20 Member States under enhanced cooperation in June 2017.

Šaltinis : © Europos Sąjunga, 2017 - EP

Glaustai - Common minimum standards of civil proceedings - 27-06-2017

Tue, 27 Jun 2017 14:11:00 GMT

Since 2015, Member States must accept most civil judgments from other EU countries without reviewing their content (abolition of exequatur). This has raised concerns about the need for ensuring that civil proceedings across the EU conform to common minimum standards. �Ϸ��վ is due to vote in July on a report requesting the Commission table a proposal for a directive on such standards, which might be a first step towards a European Code of Civil Procedure.

Šaltinis : © Europos Sąjunga, 2017 - EP

Briefing - International Criminal Court at 15: International justice and the crisis of multilateralism - 10-05-2017

Wed, 10 May 2017 15:09:02 GMT

The establishment of the International Criminal Court (ICC) on 1 July 2002 was heralded at the time as a major breakthrough for ending impunity for most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Fifteen years later, the record of the Court is mixed and criticism from both supporters and opponents has abounded. The challenges and the criticism it is currently facing are typical of many other multilateral institutions today. The Court has conducted investigations and trials on some of the world's most brutal conflicts, but it has faced criticism that it was politicised and biased against the African continent. The atrocities committed by groups such as ISIL/Da'esh have unveiled the ICC's limitations, since it is unable to investigate in Syria and Iraq, which are not parties to the Rome Statute, without UN Security Council authorisation. As a multilateral institution with universal ambitions, the Court is also limited in its effectiveness by the refusal of major powers such as the US, China and Russia to join it. Lack of cooperation by some states parties has also severely constrained its effectiveness. Yet the Court has had positive effects on the capacity of some states to deal themselves with crimes under their jurisdiction. The Court has taken its role seriously, not shying away from indicting persons of the highest rank, such as heads of state, and proving that it is committed to the principle of universal responsibility. Shortcomings in the prosecutorial investigations, for example in relation to witness interference and protection, have been addressed in a transparent and firm way.

Šaltinis : © Europos Sąjunga, 2017 - EP

Tyrimas - Role of advisors and intermediaries in the schemes revealed in the Panama Papers - 14-04-2017

Sun, 23 Apr 2017 22:00:00 GMT

The use of offshore entities that facilitate money laundering, tax avoidance and tax evasion undermines the fair distribution of the tax burden in onshore jurisdictions. The Panama Papers shed some light on the activities that are usually conducted in secrecy, with the disclosure of information on 213,634 offshore entities in jurisdictions such as the British Virgin Islands, Panama and the Seychelles. This analysis assesses the role of advisors (tax experts, legal experts, administrators, investment advisors) and intermediaries (law firms, accounting firms, trust companies, banks, etc.) involved in the phases of the identified decision-making cycle (advice, creation, maintenance, enforcement). This document was prepared for Policy Department A at the request of the Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA).

Šaltinis : © Europos Sąjunga, 2017 - EP

Tyrimas - Civilian and Military Personnel in CSDP Missions and Operations - 16-02-2017

Wed, 15 Mar 2017 23:00:00 GMT

The workshop was organised on January 26, 2017 at the initiative of the Subcommittee on Security and Defence (SEDE) with the aim to highlight trends, challenges and recommendations regarding civilian and military personnel deployed in CSDP missions and operations in particular in the areas of force generation, training and the national follow-up on crimes and offences perpetrated during deployment. Annalisa Creta is research fellow of the Sant’Anna School of Advanced Studies in Italy, specialised in civilian crisis management with a particular focus on training issues. Petteri Taitto is affiliated with the Laurea University of Applied Sciences in Finland as principal scientist. Alberto di Martino is full professor of criminal law at the Sant’Anna School of Advanced Studies in Italy.

Šaltinis : © Europos Sąjunga, 2017 - EP

Tyrimas - Cross-border recognition of adoptions - 30-11-2016

Wed, 30 Nov 2016 09:13:00 GMT

The European Added Value Assessment (EAVA) presents a qualitative analysis of possible policy options and quantitative estimates on the possible additional value of taking legislative action on the EU level related to cross-border recognition of adoptions.The EAVA identifies economic and social costs, and notably the costs related to the incomplete protection of rights of mobile EU citizens, which are born as a result of the absence of regulation on automatic recognition of adoption decisions at the EU level. The substantive scope of the EAVA is limited to the issues related to the recognition of adoptions in EU Member States. The substantive family law issues, as well as issues related to the recognition of convention adoptions, within the meaning of the 1993 Hague Convention on Intercountry adoptions, are not covered in this assessment.

Šaltinis : © Europos Sąjunga, 2016 - EP

Tyrimas - Recasting the Brussels IIa Regulation - Workshop on 8 November 2016 - Compilation of Briefings - 28-10-2016

Sun, 30 Oct 2016 23:00:00 GMT

The workshop, organised by the Policy Department upon request by the JURI Committee, takes place while the European �Ϸ��վ is consulted on the Commission proposal to recast the so-called “Brussels IIa” Regulation 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility. The briefings included in this compilation examine the main amendments proposed by the Commission as regards child abduction and return proceedings, mediation, cooperation between national judicial and central authorities, and suggest possible further improvements in these areas as well as in the field of jurisdiction over divorce and annulment of marriage, cooperation with third countries and international organisations, and training of judges.

Šaltinis : © Europos Sąjunga, 2016 - EP

Tyrimas - Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation - 30-06-2016

Wed, 29 Jun 2016 22:00:00 GMT

At the request of the European �Ϸ��վ Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.

Šaltinis : © Europos Sąjunga, 2016 - EP

Briefing - Adoption of children in the European Union - 16-06-2016

Thu, 16 Jun 2016 14:00:00 GMT

Globally, there have been significant changes in the landscape of adoption over recent years, including fluctuations in the volume of adoptions, the countries involved and who is eligible to adopt. This paper aims to provide an overview of the adoption of children in the European Union (EU), focusing on trends in the number of domestic and intercountry adoptions and a comparison of the current adoption requirements in the individual Member States.

Šaltinis : © Europos Sąjunga, 2016 - EP

Briefing - Brussels IIa: Towards a Review (2) - Main Recommendations from External Experts to the European �Ϸ��վ - 08-06-2016

Sun, 10 Jul 2016 22:00:00 GMT

Applied since 2005 in all EU Member States except Denmark, Council Regulation (EC) No 2201/2003 (‘Brussels IIa’), has raised concerns among citizens, practitioners and academics. �Ϸ��վ has received many recommendations for amendments from experts commissioned by the Policy Department for Citizen’s Rights and Constitutional Affairs. This briefing note presents a reasoned summary of these recommendations in view of the consultation of the EP on the recently published European Commission “Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)”. The recommendations do not represent the views of the European �Ϸ��վ or the Policy Department, nor can they prejudge the position of the European �Ϸ��վ.

Šaltinis : © Europos Sąjunga, 2016 - EP

Išsami analizė - Cloud computing: An overview of economic and policy issues - 26-05-2016

Wed, 25 May 2016 22:00:00 GMT

Cloud computing is a model for providing information and communication technology (ICT) services over the internet. Businesses, public bodies and individuals can all benefit through lower costs, global access to data and applications, flexibility in provision, and the ability to innovate without large capital costs. Cloud computing may also have beneficial effects on energy consumption and carbon emissions. However, cloud computing raises concerns about personal data protection and privacy, security and interoperability and portability of data and applications, as well as contract terms that may be overly restrictive of customers' rights. The European Commission considers cloud computing central to the EU's competitiveness and a key to economic growth and innovation. The EU has provided support to research in cloud computing. Determining the appropriate responses to the challenges of cloud computing is part of the European Commission's Digital Single Market strategy. The Commission has announced its intention to propose a 'free flow of data initiative', tackling restrictions on where data is located, and a European Cloud initiative that will cover certification of cloud services, reduce the risks of vendor lock-in, and provide a research cloud for researchers to share access to data.

Šaltinis : © Europos Sąjunga, 2016 - EP