Bulgaria will not have its 10 EU delegated prosecutors in time for launch

The European Public Prosecutor’s Office (EPPO), headed by Laura Coveschi, will start operating on Tuesday without Bulgaria having the required 10 delegated prosecutors mandated to work on major fraud cases related to EU funds at the domestic level. Seven of…

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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 – Rail passengers’ rights and obligations in the EU – 12-07-2021

In 2007, the EU established a set of basic rights for rail passengers, which became applicable at the end of 2009. These rights provide for all passengers, including those with reduced mobility, a harmonised minimum level of protection, information and assistance. Reports have concluded that the implementation of these rights, although relatively smooth, is not done uniformly across the EU. Moreover, other shortcomings have prevented these rights from being used to their full potential. In September 2017, the European Commission presented a new proposal to address these issues and to strike a new balance between keeping rail operators competitive and providing adequate passenger protection. The European Parliament adopted its first-reading position on this proposal on 15 November 2018. For its part, the Council adopted its general approach on 2 December 2019, under the Finnish Presidency. Interinstitutional negotiations began at the end of January 2020, and on 1 October 2020, under the Germany Presidency, Council and Parliament reached a provisional agreement on the text. On 29 April 2021, the European Parliament voted in favour of the agreed text as adopted by the Council. The new rules were published in the Official Journal of the EU on 17 May 2021. They will apply in principle to all international and domestic rail journeys and services in the EU from 7 June 2023. However, Member States may exempt domestic rail services for a limited time. Seventh edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

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

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