Related Articles

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

Study – The European Commission’s New Pact on Migration and Asylum. Horizontal substitute impact assessment – 12-08-2021

This ‘Horizontal Substitute Impact Assessment of the European Commission’s New Pact on Migration and Asylum’ was requested by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE). The impact assessment focuses on the main proposed changes implied by the European Commission’s New Pact, with a particular focus on the following four proposals: 1) Asylum and Migration Management Regulation (RAMM); 2) Crisis and Force Majeure Regulation; 3) Amended Asylum Procedure Regulation (APR); and 4) Screening Regulation. The horizontal substitute impact assessment critically assesses the ‘system’ and underlying logic of the proposed New Pact with the aim to analyse how the four Commission proposals would work and interact in practice. The impact assessment also assesses whether and to what extent the proposed New Pact addresses the identified shortcomings and implementational problems of the current EU asylum and migration law and policy. Moreover, the impact assessment identifies and assesses the expected impacts on fundamental rights, as well as economic, social and territorial impacts of the proposed New Pact.

Source : © European Union, 2021 – EP

Briefing – Replacement benchmarks for financial benchmarks in cessation – 01-07-2021

The pricing of many financial instruments and contracts depends on the accuracy and integrity of (financial) benchmarks, i.e. indices, by reference to which the amounts payable under such financial instruments or contracts, or the value of certain financial instruments, are determined. The anticipated discontinuation of such a benchmark (LIBOR) after the end of 2021 has created fears that it could lead to disruption in the internal market, given that the Benchmarks Regulation ((EU) 2016/1011) does not provide for mechanisms to organise the orderly discontinuation of systemically important benchmarks in the EU. That is why the Commission has proposed to amend the said regulation. The co-legislators significantly amended the Commission’s proposal. Their amendments deal, among other things, with the replacement of a benchmark by EU, or by national law, set additional obligations for supervised entities using a benchmark, regulate the Commission’s powers to adopt delegated acts and establish additional obligations for the Commission with regards to its proposed consultation. The European Parliament adopted the compromise agreement in plenary on 19 January 2021. On 2 February 2021, the Council adopted the act. The final act was published in the Official Journal of the EU on 12 February 2021. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Source : © European Union, 2021 – EP

Briefing – Protection of animals during transport: Data on live animal transport – 07-07-2021

Each year, millions of live animals are transported by road, sea, rail and air within, and to and from, the European Union, for a number of reasons, such as slaughter, fattening or breeding. To protect their welfare during those journeys, the EU adopted Regulation 1/2005 on the protection of animals during transport. An evaluation of the regulation showed that, when correctly implemented and enforced, it had a positive impact on animal welfare. However, in some areas weaknesses still persist, largely due to insufficient implementation. In the light of these conclusions, and bearing in mind its 2012-2015 animal welfare strategy, the European Commission announced its intention to revise the animal welfare legislation, including legislation on animal transport. Despite the action taken, however, in recent years, repeated breaches of the rules, resulting in accidents and severe animal welfare crises, have been highlighted by EU and national control bodies and by animal welfare organisations. On 19 June 2020, the European Parliament set up the Committee of Inquiry on the Protection of Animals during Transport (ANIT). The work of the committee focused on investigating how EU rules laid down in Regulation 1/2005 are being implemented by Member States and enforced by the European Commission. It held public hearings with the participation of stakeholders, representatives of national authorities and experts. Insight from these debates fed into the committee’s report and recommendations to Council and the Commission. This briefing is one of four requested by the ANIT committee to provide research and analysis following the results of a questionnaire sent out by the committee to Member States. It gives an overview of available data on the transport of live animals.

Source : © European Union, 2021 – EP

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