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 – 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

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