Democracies, including EU, need better functioning, better results

The Conference on the Future of Europe is an exercise in democracy, and at the same time, the main theme of the Conference is European democracy. But the problem is broader: democracy itself is in crisis, write Herman Van Rompuy and Žiga Turk.

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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 – 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

At a Glance – Advancing democracy in the world: EU-US Explainer – 28-07-2021

As the pandemic adds to the pressure on democracy worldwide, there is a growing sense of the urgent need to protect democracy and its institutions in a concerted and coordinated manner. On both sides of the Atlantic, growing domestic threats to democracy have added to the external challenges, but also offer global momentum for stronger democratic alliances. In their June 2021 joint summit statement, the EU and the US pledged to support democracy across the globe. As international flagships of democracy, meanwhile, both the European Parliament and the US Congress are strongly engaged in advancing democracy in third countries.

Source : © European Union, 2021 – EP

Briefing – Horizon Europe: Framework programme for research and innovation 2021–2027 – 02-07-2021

In June 2018, the European Commission proposed a total budget allocation of €100 billion to finance science, research and innovation projects during the 2021-2027 period, of which the vast majority, €94.1 billion in current prices, would be allocated to the Horizon Europe framework programme. The main aims are to strengthen science and technology, to foster industrial competiveness, and to implement the sustainable development goals in the EU. Horizon Europe introduces new features such as the European Innovation Council, missions to promote research results, and new forms of partnerships. Horizon Europe also aims at reducing administrative burdens and promoting the concept of open science. More operational synergies are expected through better linkage with other EU programmes. In March 2019, Parliament and Council reached a partial agreement on most aspects of Horizon Europe. However, the financial aspects were only settled in December 2020 as part of the broader MFF negotiations, together with the sensitive issue of third-country association. The final text was adopted in April 2021 and entered into force retroactively from 1 January 2021. Third edition of a briefing originally drafted by Cemal Karakas. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Source : © European Union, 2021 – EP

Briefing – Horizon Europe – Specific programme: Implementing the framework programme – 02-07-2021

In June 2018, the European Commission proposed a total budget allocation of €100 billion to finance science, research and innovation projects during the 2021-2027 period, of which the vast majority, €94.1 billion in current prices, would be allocated to the Horizon Europe framework programme. The main aims are to strengthen science and technology, to foster industrial competiveness, and to implement the sustainable development goals in the EU. Horizon Europe introduces new features such as the European Innovation Council, missions to promote research results, and new forms of partnerships. While the proposal for the framework programme set out the general and specific objective of Horizon Europe as well as the structure and the broad lines of the activities to be carried out, the specific programme aims to define the operational objectives and activities, especially for missions, the European Research Council, the European Innovation Council, work programmes, and the committee procedure. In April 2019, Parliament and Council reached a partial agreement on the specific programme. However, the financial aspects were only settled in December 2020 as part of the broader MFF negotiations. The final text was adopted in April 2021 and entered into force retroactively from 1 January 2021.

Source : © European Union, 2021 – EP

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