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Briefing – EU-Belarus relations: State of play – Human rights situation and Ryanair flight diversion – 22-07-2021

The falsified presidential elections of August 2020, and the brutal crackdown against peacefully protesting Belarusians, led to the isolation of the Aliaksandr Lukashenka regime. Despite the possibility of starting dialogue with the democratic opposition and Belarusian society, Aliaksandr Lukashenka chose another path, involving continued brutal repression of the country’s citizens. The worsening human rights situation and hijacking of Ryanair flight FR 4978 provoked a response from the EU, including a ban on Belarusian air carriers landing in or overflying the EU, a major extension of the list of people and entities already subject to sanctions, and the introduction of sanctions on key sectors of the Belarusian economy. The EU policy also demonstrates a readiness to support a future democratic Belarus. In this respect, the European Commission presented the outline of a comprehensive plan of economic support for democratic Belarus, worth up to €3 billion. The European Parliament is playing an active part in shaping the EU’s response. Parliament does not recognise Lukashenka’s presidency and is speaking out on human rights abuses in Belarus. The Belarusian democratic opposition, which was awarded the 2020 Sakharov Prize, is frequently invited to speak for the Belarusian people in the European Parliament.

Source : © European Union, 2021 – EP

Briefing – Understanding delegated and implementing acts – 07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

Briefing – Re-starting tourism in the EU amid the pandemic – 13-07-2021

Tourism plays an enormously important role in the EU economy and society. It generates foreign exchange, supports jobs and businesses, and drives forward local development and cultural exchanges. It also makes places more attractive, not only as destinations to visit but also as locations to live, work, invest and study. Furthermore, as tourism is closely linked with many other sectors – particularly transport – it also affects the wider economy. The coronavirus pandemic has hit the tourism sector hard. The impact on various tourist destinations in the EU has been asymmetrical and highly localised, reflecting differences in types of tourism on offer, varying travel restrictions, the size of domestic tourism markets, level of exposure to international tourism, and the importance of tourism in the local economy. At the beginning of summer 2021, several EU Member States started to remove certain travel restrictions (such as the requirements for quarantine or testing for fully vaccinated travellers coming from certain countries). However, all continue to apply many sanitary and health measures (such as limits on the number of people in common areas, and cleaning and disinfection of spaces). Such measures and restrictions change in line with the evolving public health situation, sometimes at short notice, making recovery difficult for the sector. The EU and its Member States have provided the tourism sector with financial and other support. Some measures were already adopted in 2020. Others were endorsed only shortly before the beginning of summer 2021. One flagship action has been the speedy adoption of an EU Digital Covid Certificate. This certificate harmonises, at EU level, proof of vaccination, Covid-19 test results and certified recovery from the virus. However, it does not end the patchwork of travel rules. Despite efforts to harmonise travel rules at Council level, Member States still apply different rules to various categories of traveller (such as children or travellers arriving from third countries).

Source : © European Union, 2021 – EP

Briefing – Towards a common EU approach to lifting coronavirus-related restrictions on freedom of movement – 13-07-2021

To reduce the spread of the coronavirus, Member States have taken a wide range of measures, which have significantly affected the free movement of people in the EU. Restrictions on freedom of movement have varied in time and across countries – following generally but not strictly – successive ‘waves’ of coronavirus infections. Since the beginning of the pandemic, the EU and the Member States have been active in developing a coordinated response to the pandemic, starting from emergency measures to mitigate the effects of the sudden introduction of border controls in the early days of the pandemic to establishing common approaches on risk indicators, interoperable contact tracing apps, vaccination and digital certification. This briefing provides an overview of the main restrictions on free movement adopted by the EU and Schengen countries focusing on control measures at the internal borders introduced between March 2020 and July 2021. It then discusses the key steps taken by the EU and the Member States to develop a common approach to lifting restrictions on freedom of movement. The briefing also places the coronavirus-related restrictions of movement in the context of broader efforts to update and strengthen the Schengen system, which has been under stress for at least a decade. This is an updated edition of an EPRS briefing published in November 2020.

Source : © European Union, 2021 – EP

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