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

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Highlights – Adding gender-based violence as new ‘eurocrime’: committee vote – Committee on Civil Liberties, Justice and Home Affairs – Committee on Women’s Rights and Gender Equality

Stop violence against women
The Committees on Civil Liberties, Justice and Home Affairs, and on Women’s Rights and Gender Equality will vote on the report on identifying gender-based violence as a new area of ‘eurocrime’, on 14 July. This legislative initiative requests the Commission to propose a Council decision to consider gender-based violence as an area of crime that meets the criteria established under Article 83(1) of the Treaty on the Functioning of the European Union (TFEU).

Source : © European Union, 2021 – EP

Briefing – EU-UK relations: Difficulties in implementing the Northern Ireland Protocol – 09-07-2021

On 3 March 2021, the United Kingdom (UK) Secretary of State for Northern Ireland, Brandon Lewis, announced in a written statement to the UK Parliament, and without consulting the European Union (EU) in advance, that the grace period on border controls on a series of food and live products shipped from Great Britain to Northern Ireland would be extended. This meant that products of animal origin, composite products, food and feed of non-animal origin and plants and plant products could continue being shipped from Great Britain to Northern Ireland without the official certification, such as health and phytosanitary certificates, required by the Protocol on Ireland / Northern Ireland (the Protocol) of the Withdrawal Agreement (WA). In response to the UK’s decision, the EU launched legal action against the UK for breaching the provisions of the Protocol, as well as the good faith obligation under the WA. According to the Protocol, the UK must establish border controls on goods moving between Great Britain and Northern Ireland according to EU law. The application of EU law to Northern Ireland, together with the conduct of border controls within the UK, was designed to prevent the establishment of physical border controls (a ‘hard border’) on the island of Ireland, so as to safeguard the Good Friday/Belfast Agreement which brought peace in Northern Ireland, while preserving the integrity of the EU’s single market. The grace period on border controls was agreed by the EU and the UK in December 2020 as a temporary solution to problems raised by the UK. The UK government has reiterated that it intends to implement the Protocol, but that the border controls are causing trade disruption between Great Britain and Northern Ireland and require time to be resolved. It has also mentioned other issues involving areas as diverse as medicinal supplies and parcel shipments, as well as the complexity of customs systems and implementation of exchange of information between the EU and the UK. On 30 June 2021, the EU and the UK reached an agreement on some solutions, including the extension of the grace period on meat products, conditional on tight controls.

Source : © European Union, 2021 – EP

Briefing – The financial management of visitor groups to the national parliaments – 08-07-2021

In most Member States, visitor’ groups are not sponsored to visit the national parliament. A visit to the national parliament is free of charge, and all the costs related to the visit, for example travel costs, accommodation and local minor expenses, need to be paid by the visitors themselves.
Germany is the only country which has various kinds of programmes where visitors can be reimbursed. Members of Parliament can invite up to 200 people a year of which the travel costs are partially covered by the German Bundestag. There is also a programme which consists of more days for which all the costs related to travel and accommodation are covered by the German government. The German Bundesrat has a programme in which the 16 federal states can invite people for a visit of multiple days to Berlin. In this case the travel costs and accommodation are paid for by the Bundesrat. For all reimbursements, the rules apply that the receipts and underlying documents need to be provided to the Bundestag and Bundesrat after the visit. All documents and receipts are checked through an ex-post control.
The United Kingdom has a programme in which costs are reimbursed, and this programme is funded by the commercial tours of the parliament. In this case, it can be MPs, Peers or the House of Commons or Lords who can invite visitors who are eligible for reimbursement.
In Hungary, only schools can get reimbursement for their travel costs and the entry fee for the national parliament. All the receipts need to be provided to the visitor service of the parliament.
Some countries do have other schemes in which they provide coverage for schools or costs are covered by the MPs’ own funds.
The Council of the EU does not sponsor visitor groups. All visits are requested by visitors themselves and they need to cover all the costs related to the visit themselves. The questions were also sent to the European Commission but no answer was received.

Source : © European Union, 2021 – EP

Briefing – Fighting discrimination in sport – 09-07-2021

Even though the European Union (EU) has built an extensive framework of legislation, instances of racism and homophobia in sport are still rife. Interestingly, Eurostat surveys reveal that the feeling of discrimination is more widespread than actual discrimination. Although there are some variations, discrimination in sport very frequently involves stigmatisation on the basis of external characteristics such as skin colour, body shape and gender. Data from 2017 show that some 3 % of respondents claimed to have experienced racist violence in the previous year, with another 24 % being exposed to racist harassment in that period. Worryingly, the results of a 2018 poll confirm that the vast majority of respondents (90 %) perceive homo/transphobia to be a problem in sport, with gay men feeling homophobia to be a bigger problem than lesbian/gay women and bisexual people. Action against discrimination at EU level is grounded in an established EU legal framework, based on a number of Treaty provisions – in particular Articles 2 and 3 of the Treaty on European Union, and Articles 10, 19 and 67(3) of the Treaty on the Functioning of the European Union. The general principles of non-discrimination and equality are also reaffirmed in the Charter of Fundamental Rights of the EU. This legal arsenal is completed by a number of directives and framework decisions – such as the Racial Equality Directive, the Victims’ Rights Directive and the Framework Decision on Combating Racism and Xenophobia, to name but a few – aimed at increasing individual protection. The objectives of the sports strand of the Erasmus+ programme include combatting violence, discrimination and intolerance in sport and providing funding for various projects such as the setting up of LGBTQI+ sports clubs in central and eastern Europe, increasing inclusion in sport, and by bringing together partners who traditionally face barriers to participation, such as women, the LGBTQI+ community and people with disabilities. In addition, since 2016, the European Commission has supported the Council of Europe in promoting safety and security at sports events. In recent years, the Gay Games and the European Gay and Lesbian Multi-Sports Championships have helped raise awareness, build self-esteem and change perceptions based on prejudice.

Source : © European Union, 2021 – EP

Briefing – Single European Sky 2+ package: Amended Commission proposal – 12-07-2021

The Single European Sky (SES) initiative aims to make EU airspace less fragmented and to improve air traffic management in terms of safety, capacity, cost-efficiency and the environment. Its current regulatory framework is based on two legislative packages: SES I (adopted in 2004), which set the principal legal framework, and SES II (adopted in 2009), which aimed to tackle substantial air traffic growth, increase safety, and reduce costs and delays and the impact of air traffic on the environment. Nonetheless, European airspace remains fragmented, costly and inefficient. The European Commission presented a revision of the SES in 2013 (the SES 2+ package). While the Parliament adopted its first-reading position in March 2014, in December 2014 the Council agreed only a partial general approach, owing to disagreement between the UK and Spain over the application of the text to Gibraltar airport. With Brexit having removed this blockage, the Commission has amended its initial proposal. The Council and the Parliament have both adopted their positions on the revised proposal, and can thus start trilogue negotiations. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Source : © European Union, 2021 – EP

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