Poland’s disciplinary mechanism for judges violates EU law

Policy analysis examines and assesses problems to determine possible courses for policy action (policy options). In highly complex or controversial contexts, evidence-based policy options might not be socially acceptable. Here, policy analysis can benefit from a foresight-based approach, which helps investigate the issue holistically and assess considered evidence-based policy options against societal concerns. This is especially important in a parliamentary setting, as it enables analysts to consider stakeholder views and geographical concerns/differences when assessing policy options. This manual establishes the methodology for the foresight process and foresight-informed policy analysis. It offers a conceptual clarification of foresight and foresight-based technology assessment, helps enhance the transparency of foresight processes and the quality of policy analyses, offers four general guidelines for conducting trustworthy policy analysis, and, finally, provides a practical framework with six basic components for foresight-based policy analysis.

Source : © European Union, 2021 – EP

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

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

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