Latest documents

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to analyse the European Commission’s proposals to reform the legal framework on the processing of Advance Passenger Information (API) data. The analysis takes stock of the current legal framework regarding the processing of travellers’ data. Then, it provides an outline of the Commission’s proposals, followed by an assessment of the fundamental rights implications, in particular the right to respect for private life (Article 7 of the EU Charter of fundamental rights), protection of personal data (Article 8) and freedom of movement (Article 45).

Authors : Niovi VAVOULA, Valsamis MITSILEGAS

Summary : The IA examines the nature and scale of the problems sufficiently (the fact that not every person crossing the Schengen external borders is pre-checked with API data and that there are security gaps in the processing of air passenger data for law enforcement purposes). The IA provides a comprehensive description of the options. The sub-options under each of the intervention areas identified are limited and mostly cumulative; the range of alternative options therefore appears limited. The assessment of the options' impacts (social, economic, fundamental rights) is qualitative and quantitative. It appears to be based on sound research and analysis, with clear acknowledgement that available data is limited. The IA provides a comprehensive summary of the costs and benefits of the preferred option for the affected stakeholder groups. Stakeholder views are reflected consistently throughout the IA. However, the Commission decided to carry out targeted consultations rather than a public consultation on the IA – as is normally required – which appears not to be justified in the IA.

Authors : DIETER FRIZBERG

Summary : This Study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the state of play of the EU Schengen area and the latest legal and policy developments with direct relevance to the Schengen acquis. It analyses the impact of these developments, and the role of ‘declared crisis’, on the Schengen Borders Code, Luxembourg Court standards and EU Treaty principles and fundamental rights. The Study calls for an approach based on ‘merited or deserved trust’ to uphold the legitimacy of the Schengen area. Such an approach should focus on the effective and timely enforcement of EU rules and Treaty values – chiefly the rule of law and fundamental rights – instead of expanding intra-EU policing and the proliferation of technological surveillance and databases leading to the (in)securitisation of people’s freedom of movement.

Authors : Sergio CARRERA, Davide COLOMBI, Roberto CORTINOVIS

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), examines and makes recommendations on the two Directives on standards for equality bodies proposed by the Commission in 2022. It explores the current situation for equality bodies, establishing issues that trammel their potential due to inadequacies in the design of their institutional architecture, and the conditions created for their independence, effectiveness, and accessibility. The study finds that the Directives, while requiring strengthening, hold significant promise.

Authors : CROWLEY Niall

Summary : On 11 May 2022, the European Commission presented a proposal for a regulation laying down rules to prevent and combat child sexual abuse. The European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) has requested this complementary impact assessment of the proposal. Without disputing the need to protect children against child sexual abuse, this study focuses on specific aspects of the proposal, namely the problem definition, the impact of the proposal on the internet and fundamental rights, as well as the necessity and proportionality of the proposed measures.

Authors : This study has been written by Gabriëlle op 't Hoog, Linette de Swart, Dr Jan Essink, Guus van der Born, Yannick Ritmeester, Dr Anna Sekuła, Geert Smit of Ecorys, Dr Niovi Vavoula and Andreas Karapatakis of Queen Mary University London, Professor Jeanne Mifsud-Bonnici of Rijksuniversiteit Groningen, Professor Bart Preneel of KU Leuven and quality reviewed by Professor Valsamis Mitsilegas of University of Liverpool at the request of the Ex-ante Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines risks that contemporary social media - focusing in particular on the most widely-used platforms - present for democracy, the rule of law and fundamental rights. The study focuses on the governance of online content, provides an assessment of existing EU law and industry practices which address these risks, and evaluates potential opportunities and risks to fundamental rights and other democratic values.

Authors : Beatriz BOTERO ARCILA, Rachel GRIFFIN

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning prisons and detention conditions in the EU, on the basis of European and national regulations, legislation, policies and practices.

Authors : Julia BURCHETT, Anne WEYEMBERGH, Marta RAMAT

Summary : This study, written by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs - Democracy, Rule of Law and Fundamental Rights Monitoring Group, examines the situation of Democracy, the Rule of Law and Fundamental Rights in Greece and how Article 2 TEU values are respected and implemented in the country.

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This briefing contains background materials for the LIBE Committee mission to Brussels, Calais and Ter Apel (20-22 February 2023). It has been prepared by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee.

Authors : Emily GOBET, Georgiana SANDU

Summary : Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims is the benchmark legislation on the fight against trafficking in human beings (human trafficking) at EU level. It is part of a broader policy framework that entails a range of measures aimed at the prevention and prosecution of trafficking in human beings, as well as protection from and establishment of partnerships against this practice. Despite progress in implementing those measures, trafficking in human beings remains a highly lucrative crime, affecting thousands of individuals, primarily women and girls who are trafficked for sexual exploitation. New digital technologies are widely used to reach out to potential victims and users. Traffickers remain largely unpunished, as do the users of services from victims of trafficking, despite the European Commission and the European Parliament repeatedly calling for the criminalisation of those knowingly using such services. Their impunity has raised increasing concerns about the effectiveness of the directive, and there have been calls for its revision to reinforce existing measures while addressing potential gaps and reducing disparities between EU Member States' systems. This implementation appraisal looks at the practical implementation of the directive in light of the expected Commission proposal for its revision.

Authors : MARIE-ASTRID HUEMER

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : Overall, the IA describes the scope of the problem sufficiently well, and explains briefly, but convincingly, the need for EU action, although proportionality does not appear to have been dealt with in any depth. The IA does not define any operational objectives, which would illustrate what the deliverables of the specific policy actions are, although it identifies monitoring indicators for the specific objectives. The sufficient range of retained policy options is structured according to increasing levels of regulatory intervention, and appears to be convincing. However, the IA would have benefited from providing a more user-friendly description of some of the envisaged measures. On the whole, the IA appears to have analysed aspects of the economic impact satisfactorily, while the analysis regarding environmental impacts is very limited, although this appears justified based on the problem definition and the objectives identified. As regards social impacts, the IA quantifies the benefits, expressed in terms of savings in health expenditure, for healthcare providers, patients, researchers and innovators. The analysis regarding the impact on SMEs is rather weak, not least considering that 95 % of the companies operating in the medical technologies sector are SMEs. The analysis of the impact on innovation is not dealt with comprehensively, whereas this would perhaps have been warranted considering that increasing innovation in health products and services is part of the general and specific objectives, while the analysis regarding competitiveness is almost non-existent. The IA appears to have addressed the RSB's comments only partially. The proposal appears to be consistent with the analysis carried out in the IA as regards the envisaged measures included in the preferred options.

Authors : STEFANO VETTORAZZI

Summary : This collection of publications presents studies, in-depth-analyses and briefings related to Anti-Money Laundering (AML), produced or delivered by the Policy Department for Economic, Scientific and Quality of Life Policies (DG IPOL), the Economic Governance Support Unit (DG IPOL), and the Directorate-General for Parliamentary Research Services (EPRS). Combating money laundering and terrorist financing has been part of the EU and the international policy agenda for many years, with a series of reforms of the regulatory framework. At present, work is underway in Parliament and the Council on the most recent comprehensive AML reform package of July 2021. This selection of publications includes analyses on various aspects of the reform package proposals, such as the proposed EU Anti-Money Laundering Authority and the powers and cooperation of Financial Intelligence Units (FIUs), as well as an appraisal of the Commission Impact Assessment (IA). It is complemented by analyses of the implementation of the existing framework, including with a specific focus on the banking sector.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides an overview of EU funding for asylum and migration in third countries. It considers funding both from the Justice and Home Affairs funds and the external action funds, covering the previous Multiannual Financial Framework (MFF) (2014-2020) and the current MFF (2021-2027) funding periods. The study seeks to identify good practice in EU funding, including but not limited to the two country case studies on Afghanistan and Niger. It proposes a set of recommendations to improve the effectiveness, efficiency, coherence and transparency of EU funding.

Authors : Catherine WOOLLARD, Josephine LIEBL, Laura DAVIS, Estela CASAJUANA

Summary : This study analyses the main provisions of Directive (EU) 2016/680 as well as their implementation within national laws in order to contribute to the European Parliament’s positions and findings regarding the evaluation and review of the Directive. In that context, the study identifies shortcomings and explores potential ways forward through a concrete set of recommendations.This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs.

Authors : Plixavra VOGIATZOGLOU, Thomas MARQUENIE

Summary : The advance passenger information (API) system dates back to 2004, when the Council adopted Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data to improve border control and fight against irregular migration (the 'API Directive'). New data sharing schemes have since been developed to improve EU border control and migration management and, specifically, fight terrorism and serious crimes. Today, air carriers are required to transfer not only API but also passenger name records (PNRs) in line with Directive (EU) 2016/681 of 27 April 2016 on the use of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (the 'PNR Directive'). PNRs comprise a larger set of data that encompass API. To improve coherence in EU legislation and support harmonisation between Member States, the API Directive might be aligned with the PNR Directive. The European Commission's counter-terrorism agenda for the EU, adopted on 9 December 2020, announced that the proposal to revise the API Directive may consider providing for the use of these data for countering serious crime, improving the effectiveness in the use of API data and the coherence with other instruments such as the entry/exit system, the European travel information and authorisation system, and the PNR system. However, it raises questions as regards data protection and the right to privacy. In its 2022 work programme, the Commission stated its intention to revise the API Directive. Initially planned for the second quarter of 2022, the revision was postponed to the last quarter of 2022. This implementation appraisal looks at the practical implementation of the directive in light of the expected Commission proposal for its revision.

Authors : MARIE-ASTRID HUEMER

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the European Commission’s 2022 legal migration package on effectiveness, efficiency, legal and practical coherence, and fundamental rights compliance. The study finds that a more coherent and ambitious rights-based legal migration agenda is warranted. In the EU struggle for skilled and talented third-country national workers, social obligations, climate change, and sustainable growth cannot be disregarded.

Authors : Tesseltje DE LANGE, Elspeth GUILD, Ulrike BRANDL, Lilian TSOURDI, Johan DE KRUIJFF, Sybren HARDIEK, Věra HONUSKOVÁ

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : The IA demonstrates convincingly that the directive's fragmented implementation, which has led to complex procedures and unclear rights, is a regulatory failure that needs addressing. However, the problem definition fails to state explicitly that Member States seem to have prioritised national migration schemes over the EU single permit. Moreover, there is no 'real' range of options: the preferred option 3 (out of three options in addition to the baseline) is the only one that addresses the problems of regulating rights and of protection from labour exploitation. The IA could have done more to justify why two options were discarded from the outset (one of them relating to low- to medium-skilled TCNs, an issue on which the European Parliament has been calling for EU-level action, and on which stakeholders had mixed views). The IA assessed the economic, social, and fundamental rights impacts, as well as impacts on third countries. However, a more in-depth assessment of impacts on third countries (which the IA considered limited), in particular on developing countries, would have been warranted, given the inter-linkages between EU migration and development policies. Stakeholder views are integrated in a balanced manner in the IA. The Commission could have provided a more detailed analysis regarding the impacts on SMEs.

Authors : Katharina EISELE

Summary : Overall, the Commission makes a good case for the revision of the 2003 Long-term Residents Directive. The IA builds on two implementation reports focused on the directive and on the 2019 fitness check on legal migration. However, the supporting study for this IA was not publicly available at the time of writing, which goes against the better regulation transparency requirements. The Commission consulted widely, and stakeholders' views are reflected in the IA. The Commission considered four policy options alongside the baseline. The choice of the Commission's preferred option appears well justified. The Commission made an effort to consider coherence with other initiatives and the migration pact.

Authors : Katharina EISELE

Summary : This document is a compilation of briefings that track the commitments made by the Vice-Presidents and Commissioners to the European Parliament – in their written answers to Parliament’s questions, at their hearings, and, in some cases, in subsequent appearances before Parliament’s committees. The document provides an overview of the state-of-play at the mid-term of the von der Leyen Commission. Since many of these commitments were made, major international crises have shifted some political priorities. The Vice-Presidents’ and Commissioners’ progress on their commitments should be considered in this context.

Summary : This briefing follows up the commitments made by the commissioner in 2019.

Summary : This briefing follows up the commitments made by the commissioner in 2019.

Summary : This briefing follows up the commitments made by the commissioner since 2019.

Summary : This briefing follows up the commitments made by the commissioner since 2019.

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : Care work provided in homes and institutions is a public good that is under-valued by society. Care workers are more likely to have low earnings and precarious working conditions. About 9 in 10 care workers are women. Most unpaid care work within households is carried out by women. The 'unpaid care penalty' for women in the EU, which is equivalent to the earnings they lost because of this unbalanced distribution of care responsibilities, is estimated to reach €242 billion per year. EU action in the care sector has the potential for high returns for society. Fostering the 'equal earner – equal carer model' could generate benefits of between €24 billion and €48 billion a year. EU action to promote affordable, high-quality care could produce an additional €90 billion to €160 billion in benefits each year. This updates a June 2022 EPRS briefing with new data and clarifications on the estimation methods used.

Authors : Cecilia NAVARRA, MEENAKSHI FERNANDES

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to inform policy debates about how to protect more effectively the fundamental rights of irregular migrant workers in the EU. It analyses the nature and causes of the gaps between the fundamental rights protections enshrined in EU legal standards and the rights realised by irregular migrants working in EU Member States in practice, and it discusses strategies for how these ‘protection gaps’ can be reduced.

Authors : Clare FOX-RUHS, Martin RUHS

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This study, written by the Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs - Democracy, Rule of Law and Fundamental Rights Monitoring Group, examines the situation of Democracy, the Rule of Law and Fundamental Rights in Malta and how Article 2 TEU values are respected and implemented in the country.

Authors : Ottavio MARZOCCHI

Summary : This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee. It analyses the consequences of the judgment of the Polish Constitutional Tribunal for the legal relationship between Poland and the EU, compares it to the case law of other Member States’ highest courts and makes policy recommendations on how to deal with the judgment.

Authors : Niels PETERSEN, Patrick WASILCZYK

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides an analysis of the distinctive features of racism, xenophobia and racial discrimination in the EU and selected EU Member States. It further examines various forms of racism, xenophobia and racial discrimination and their target groups and the impact of the COVID-19 pandemic. The study assesses anti-racism policies and legislation to determine effectiveness of the national and EU legislation and measures envisaged in the EU Anti-racism Action Plan on eradicatation of racism, xenophobia and racial discrimination. The study identifies gaps that need to be filled and provides recommendations on how to create engagement at all levels to achieve meaningful change and equality.

Authors : Quentin LIGER, Asterisk Research and Analysis Mirja GUHTEIL, Asterisk Research and Analysis National research was undertaken by Lilia YAKOVA (Centre for the Study of Democracy), Rosalina TODOROVA (Centre for the Study of Democracy), Victoria BOGDANOVA (Centre for the Study of Democracy ) and Dr Vessela HRISTOVA.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, provides a discussion on the distinctive features of right-wing extremism as well as of violent actions perpetrated by right-wing extremists in the EU. It gives an overview and analysis of definitions, recent trends and responses to these actions and concludes with recommendations. In particular, the study highlights the need to develop a working definition of right wing-extremism in order to provide a better framework for understanding, studying and measuring the phenomenon

Authors : Quentin LIGER, Asterisk Research and Analysis Mirja GUTHEIL, Asterisk Research and Analysis

Summary : Regulation (EU) No 258/2012 lays down procedural rules at EU level for export, import and transit of firearms, their parts and components and ammunition. Its overall strategic objective is to reduce the risk of illicit trafficking in firearms for civilian use by ensuring coherence across EU Member States with regard to rules on external trade. The regulation is part of an overall legal and operational framework intended to prevent, detect, investigate and prosecute firearms trafficking. In this regard, the regulation implements Article 10 of the United Nations (UN) Firearms Protocol, a key international agreement adopted in 2001 and ratified by the EU, to ensure firearms traceability. Neither the legislative proposal reviewing the regulation, mentioned in the 2021 Commission work programme, nor the impact assessment are available yet. However, the 2017 Commission evaluation of the regulation had already found scope to address a number of shortcomings. Based on this evaluation, the Commission established that these shortcomings were mainly derived from a lack of clarity in certain parts of the regulation, and legal mismatches generating security risks. The review of Regulation (EU) No 258/2012 also aims to align the regulation's scope with that of Directive (EU) 2021/555 (the 'Firearms Directive'), already revised, and Council Common Position 2008/944/CFSP (as amended), in order to close the gaps between diverging procedures – in particular, gaps concerning diverging import procedures for convertible alarm and signal weapons, and semi-finished unmarked essential components – which cause the smuggling of these weapons and components to prevail.

Authors : HANNAH NAFIZE AHAMAD MADATALI

Summary : Census data and demographic statistics are of great relevance for policy-making at the European, national, regional and local levels. At a time where the European Union (EU) is undergoing major demographic changes, driven by an ageing population, low fertility rates and increased migration flows, demand for accurate and timely population statistics rises. In parallel, owing to progress in digitalisation, statistical data collection methods are shifting from traditional population censuses and surveys towards the use of administrative data. Such register-based data collection methods bear great potential in terms of improved data frequency, granularity and burden reduction. The modernisation of European population statistics is one of the action points included in the European statistical programme 2021-2027, and part of a wider programme to modernise social statistics. Under the current regulatory framework, Eurostat collects population data under a number of separate legal acts, covering demographic, census and migration data. One of them, Regulation (EU) No 1260/2013 on European demographic statistics, is set to expire in 2028. According to the 2022 Commission work programme, the Commission will present a legislative proposal on population statistics in the second quarter of 2022. The new proposal should integrate, in a single legal act, annual demographic and migration statistics and decennial census data, as well as regional and geo-referenced population data. It should provide for timelier, more coherent and more specific population statistics that reflect migration more adequately and facilitate the use of administrative data sources.

Authors : Irmgard ANGLMAYER, ISSAM HALLAK

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information concerning police ethics, accountability, and oversight across the EU. The study shows that existing EU tools and instruments can contribute to enhance police accountability. The study also identifies some gaps and weaknesses. Recommendations are provided in order to remedy the gaps and weaknesses identified

Authors : Emmanuel-Pierre GUITTET, Niovi VAVOULA, Anastassia TSOUKALA, Monika BAYLIS

Summary : This In-Depth Analysis, requested by the European Parliament's LIBE Committee - Democracy Rule of Law and Fundamental Rights Monitoring Group, examines the situation of Democracy, the Rule of Law and Fundamental Rights in Greece and how Article 2 TEU values are respected and implemented in the country, focusing on anti-corruption measures and issues related to media freedom.

Authors : Ottavio MARZOCCHI, CAROLINA APICELLA

Summary : While the Commission makes the case for advancing the digitalisation of judicial cooperation, and while the IA supporting this initiative received a positive opinion from the RSB, it does nevertheless appear weak on several points. The Commission corroborates its problem definition using several recent sources and data. The Commission conducted several stakeholder consultation activities, for some of which, more specific information would have been useful. Stakeholder views are reflected in the IA report. It appears, however, that the main source, an external study, is available only in the interinstitutional database of EU studies and not available to the wider public at the time of writing. Moreover, it appears that the range of options is very limited, with seemingly no real alternative to the preferred legislative, Option 2 (the voluntary approach under the Option 1 is not considered as effective). It is notable that the description of impacts relating to data protection and data security is very limited for all options, despite their likely relevance.

Authors : Katharina EISELE

Summary : The Directive 2011/98/EU on a single permit for third-country nationals (non-EU nationals) to reside and work in the European Union (EU) has two main objectives. The first objective is to facilitate the procedure for a third-country national to be admitted to work in an EU Member State, by introducing a single application procedure for a combined work and residence permit. The second objective is to ensure equal treatment between third-country workers and nationals of the permit issuing Member State, by providing a common set of rights regarding working conditions, education and training, access to goods and services, and social security.

Authors : HANNAH NAFIZE AHAMAD MADATALI

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning the impact and effectiveness of the counterterrorism policies, measures and tools in the EU. Besides a mapping of the evolution of the EU counter-terrorism policy architecture, this study assesses the impact and effectiveness of the EU counterterrorism policy by focusing on key policy areas. On the basis of the mapping exercise and the examination of the areas covered by this study, the research team has provided recommendations that could inform future policy developments.

Authors : Dr. Julia BURCHETT, Université Libre de Bruxelles Prof. Anne WEYEMBERGH, Université Libre de Bruxelles In collaboration with Georgia THEODORAKAKOU, Intern, Centre de droit européen, Université Libre de Bruxelle

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE and AFCO Committees, offers a comprehensive and critical assessment of the European Commission’s Annual Rule of Law Report. It does so in a broad and holistic manner by assessing this new monitoring tool in light of the EU’s Article 2 TEU monitoring and enforcement architecture. Multiple recommendations are offered in order to remedy the serious gaps and weaknesses identified in this study.

Authors : PECH Laurent, BARD Petra

Summary : This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs, analyses Interpol’s system of Red Notices and the EU-based mechanisms to safeguard citizens against political abuse of Interpol’s system. Recent reforms of Interpol are significant but many problems remain unaddressed. The paper discusses existing and possible platforms, including the European Search Portal, as ways to ensure a more effective enforcement of EU-based legal limits and fundamental rights on a European level.

Authors : Rasmus H. Wandall

Summary : Citizenship and residence by investment schemes allow third-country nationals to obtain residence or citizenship in a host country in exchange for a financial contribution. In the European Union (EU), at least 130 000 persons have taken advantage of such schemes, which have generated over €21.8 billion in revenue for the countries concerned. This European added value assessment (EAVA) reviews the key issues raised by investment schemes and the possible legal bases on which the EU could act to address them. Several policy options are put forward that could be implemented through amendments to existing EU legislation or by introducing new legislation. The policy options include: (1) Phasing out investment schemes in the EU; (2) Applying an EU-level tax on investment schemes; and (3) Regulating investment schemes. In addition, the assessment considers the introduction of minimum physical presence requirements on residence by investment schemes and regulating access to the EU for investor migrants from third countries. The policy options are assessed in terms of their potential consequences and impacts, subsidiarity, proportionality and the overall added value the EU might gain.

Authors : Cecilia NAVARRA, MEENAKSHI FERNANDES, DAVID ARMAND JACQUES GERA DE GROOT

Summary : The European Commission proposed to improve the Schengen evaluation and monitoring mechanism established by Regulation (EU) No 1053/2013. The accompanying impact assessment (IA) provides a well defined problem definition, substantiated with evidence. Furthermore, the stakeholder opinions are reported consistently throughout the IA and are used as input for the combination of measures under the preferred option. Moreover, the data sources underpinning the IA are recent, reliable, consistently referenced and publicly available at the time of writing. However, the focus of the IA analysis is predominantly on the administrative costs and benefits, while the assessment of economic, social and fundamental rights impacts of the Mechanism’s functioning remains very limited and their quantification was not possible.

Authors : Vera VIKOLAINEN

Summary : This In-Depth Analysis, written by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs, examines the situation of Democracy, the Rule of Law and Fundamental Rights in Bulgaria and how Article 2 TEU values are respected and implemented in the country.

Authors : Ottavio MARZOCCHI

Summary : 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.

Authors : This study has been written by Ecorys in collaboration with Dr Galina Cornelisse of Free University of Amsterdam and Dr Giuseppe Campesi of University of Bari at the request of the Ex-ante Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament. The Quality Review has been conducted by Lina Vosyliute, Roberto Cortinovis and Sergio Carrera.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs on request of the Parliament’s Committee on Civil Liberties and Justice, aims to provide a detailed mapping and analysis of the central legal changes and issues characterising the five main legislative proposals accompanying the Pact on Migration and Asylum, presented by the Commission in September 2020. The legislative instruments under consideration include a new Screening Regulation, an amended proposal for an Asylum Procedures Regulation, an amended proposal revising the Eurodac Regulation, a new Asylum and Migration Management Regulation, and a new Crisis and Force Majeure Regulation. As a second step, the study provides a critical assessment of the five proposals as to their legal coherence, fundamental rights compliance, and application of the principle of solidarity and fair sharing of responsibility enshrined in Article 80 TFEU.

Authors : Evelien BROUWER; Giuseppe CAMPESI ; Sergio CARRERA, Roberto CORTINOVIS, Eleni KARAGEORGIOU, Jens VEDSTED-HANSEN, Lina VOSYLIŪTĖ

Summary : The Commission is proposing a new Artificial Intelligence Act laying down rules harmonised rules on AI. This initial appraisal of the Commission’s impact assessment on the proposal notes how the impact assessment the impact assessment banks on a wealth of available research on the topic at hand and uses numerous sources to underpin the discussion. It observes that the impact assessment offers a diverse and realistic range of options and traces a clear intervention logic connecting the problems and their drivers with the specific objectives and the policy options.

Authors : HUBERT DALLI

Summary : Europol has been at the forefront of fighting serious and organised crime in the EU. However, with digital transformations and a global interconnectedness emerging, security threats have become more complex. Against this background, the Commission has published a recast proposal of the Europol Regulation with the objective of, inter alia, (1) enabling Europol to support Member States and their investigations through big data analysis; (2) enabling Europol to directly exchange data with private parties; and (3) strengthening Europol's role on research and innovation. While the Commission made efforts to analyse the problems at hand in the accompanying Impact Assessment, more detailed information on the scale and size of the different problems would have been useful. The Commission conducted several targeted consultations for this initiative, but did not carry out a mandatory 12-week open public consultation. The IA assesses relevant impacts, including fundamental rights impacts.

Authors : Katharina EISELE

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines reforms to the legal framework for the exchange of personal and other data between the EU and the USA that would be necessary to ascertain that the requirements of EU law are satisfied and that the rights of EU citizens are respected, following the Schrems II judgment of the EU Court of Justice.

Authors : Ian BROWN, Visiting CyberBRICS professor at Fundação Getulio Vargas (FGV) Law School in Rio de Janeiro, Brazil Douwe KORFF, Emeritus Professor of International Law, London Metropolitan University, UK

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims at finding the balance between regulatory measures to tackle disinformation and the protection of freedom of expression. It explores the European legal framework and analyses the roles of all stakeholders in the information landscape. The study offers recommendations to reform the attention-based, data-driven information landscape and regulate platforms’ rights and duties relating to content moderation.

Authors : Dr. Judit BAYER Dr. Irini KATSIREA Dr. Olga BATURA Prof. Dr. Bernd HOLZNAGEL Dr. Sarah HARTMANN Katarzyna LUBIANIEC

Summary : This European added value assessment (EAVA) supports the European Parliament's legislative-initiative report on a 'Proposal for a Council decision to identify gender-based violence as a new area of crime listed in Article 83(1) TFEU', 2021/2035(INL). The assessment reviews the significant harm generated by gender-based violence in the EU and presents evidence supporting the classification of gender-based violence as a particularly serious crime with a cross-border dimension. Through improving prevention, prosecution and protection, EU action could generate significant benefits to victims and society; considering only the economic dimension, by decreasing the incidence of gender-based violence, it could generate benefits in the order of €25.1 billion in the short term and between €54.4 billion and €83.9 billion in the longer term. Moreover, the EAVA identifies complementary EU action that could enhance the European added value of this policy option, such as expanding the mandate of the equality bodies, promoting the quality of survey and administrative data and supporting education activities and training.

Authors : Cecilia NAVARRA, NIOMBO LOMBA, MEENAKSHI FERNANDES

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee , examines the EU approach on migration in the Mediterranean, covering developments from the 2015 refugee crisis up to the Covid-19 pandemic, assessing the effect these events have had on the design, implementation, and reform of EU policy on asylum, migration and external border control, and documenting the ramifications these changes have had on the actors who operate and are impacted by these policies, including immigration authorities, civil society organisations, and the migrants themselves. The study includes a review of the state of play of relevant EU asylum and migration legislation and its implementation, an appraisal of the situation in the Mediterranean, and a thorough examination of the external dimension of the EU migration, asylum and border policies, focusing on cooperation with third countries (Turkey, Libya and Niger), incorporating human rights and refugee law considerations and an analysis of the implications of funding allocations under the EU Trust Fund for Africa and the Refugee Facility in Turkey. The main goal is to test the correct application of EU and international law, having regard to increased allegations of human rights violations, undue criminalisation, and complicity of the EU in atrocity crimes committed against migrants at sea, stranded in Libya, or contained in Niger and Turkey. The role of EU agencies (Frontex and EASO) is also assessed alongside the bilateral or multi-lateral initiatives adopted by MS to confront the mounting challenges at the common external borders of the EU, incorporating the principle of solidarity and fair sharing of responsibility (Article 80 TFEU) as a horizontal concern.

Authors : Violeta MORENO-LAX,Jennifer ALLSOPP,Evangelia (Lilian) TSOURDI,Philippe DE BRUYCKER,Andreina DE LEO

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information on the current legal framework of Europol and a legal assessment of the European Commission’s proposal of 9 December 2020 to strengthen Europol’s mandate, divided in thematic blocks. The legal assessment is accompanied by policy recommendations.

Authors : Niovi VAVOULA,Valsamis MITSILEGAS

Summary : As a component of the Schengen Strategy that the European Commission intends to adopt in 2021, the revision of regulation (EU) No 1053/2013 will aim at making the Schengen Evaluation and Monitoring Mechanism more efficient, by revising current practices - for example, by shortening the adoption processes of the evaluation reports and recommendations, and ensuring a timely follow-up by Member States.

Authors : HANNAH NAFIZE AHAMAD MADATALI

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : Presently, the Schengen Area is confronted with a different reality than in 2016, when the European Parliament and Council approved Regulation (EU) 2016/399 (as codification of Regulation (EC) No 562/2006 and its subsequent amendments), establishing a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). As stated in the Commission Work Programme of 2021, the current health crisis and pandemic, and recent developments - related to security concerns and the arrival of refugees -, have exposed the EU’s need to strengthen its crisis preparedness and management of cross-border pressures, as well as keeping the Schengen legislation updated, making it suitable to endure the test of time.

Authors : HANNAH NAFIZE AHAMAD MADATALI

Summary : This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

Authors : Vera VIKOLAINEN

Summary : This briefing finds that the European Commission's impact assessment (IA), which accompanies the directive proposal on the resilience of critical entities, provides a good evidence-based problem definition and a sufficiently broad range of options. The assessment is mostly qualitative, due to difficulties in quantification. The IA could have been more transparent in its description of stakeholder views, and could have provided due references and a link to the feasibility study which has supported the IA. Further explanations to support the preferred option in terms of efficiency would have benefited the analysis.

Authors : ULLA-MARI TUOMINEN

Summary : On 10 September 2020, the European Commission presented a proposal, which aims at ensuring the continuation of voluntary practices conducted by providers of ‘number-independent interpersonal communications services’ for the detection, reporting and removal of child sexual abuse material online after the European Electronic Communications Code has entered into force at the end of December 2020. This EPRS targeted substitute impact assessment finds that while the EU has the competence to adopt the Proposed Regulation per Article 5 of the TEU, the impact of such practices on human and fundamental rights has not been adequately addressed. It should provide a clear legal basis for these practices, along with effective remedies for users. Some technologies covered by the Proposed Regulation have a disproportionate impact, and thus require additional safeguards unavailable in the proposal in its current form.

Authors : This study has been written by Professor Jeanne Pia Mifsud Bonnici and Melania Tudorica of the Security, Technology and e-Privacy (STeP) Research Group at the University of Groningen and Ketan Modh and Halefom Hailu Abraha of the Department of Information Policy and Governance at the University of Malta at the request of the Ex-ante Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.

Summary : Council Directive 2008/114/EC is part of the EU framework for critical infrastructure protection. While embracing an all-hazards approach, its scope is limited to the sectors energy and transport. This is widely considered a shortcoming. Calls for broadening its scope and for refocussing the directive on resilience rather than just protection, and interconnectivity of critical infrastructures resulted in a new legislative proposal the Commission presented in December 2020.

Authors : Irmgard ANGLMAYER

Summary : This briefing is one in a series of 'implementation appraisals', produced by the European Parliamentary Research Service (EPRS), on the operation of existing EU legislation in practice. Each briefing focuses on a specific EU law that is to be amended or reviewed, as envisaged in the European Commission's annual work programme. 'Implementation appraisals' aim to provide a succinct overview of publicly available material on the implementation, application and effectiveness to date of an EU law, drawing on input from EU institutions and bodies, as well as external organisations. They are provided by the EPRS Ex-Post Evaluation Unit, to assist parliamentary committees in their consideration of new European Commission proposals, once tabled.

Authors : Wouter VAN BALLEGOOIJ

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events. regional development, cohesion policy, COVID19, WTO, budget control, budget, economy, international affairs, international law, Schengen governance, single market, European court of Auditors, energy.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the operation and impact of the Schengen evaluation and monitoring mechanism in its first multiannual programme (2014-19), with the aim of identifying what has worked well and developing recommendations to strengthen it. The past decade has presented multiple controversies involving the governments of Schengen states as well as EU institutions, leading to a persistent state of apparent crisis. The ongoing “Schengen crisis” is rooted in political changes and in structural shortcomings of the Schengen regime. Despite these obstacles, the resilience of the Schengen system should not be underestimated.

Authors : Martin WAGNER & Caitlin KATSIAFICAS Josephine LIEBL Leila HADJ ABDOU & Lenka DRAŽANOVÁ Julien JEANDESBOZ

Summary : This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, covers the challenges facing the civil society space. Watchdog NGOs and other human rights defenders have been under pressure during the humanitarian and rule of law ‘crises’. Several EU Member States have passed laws that fall short of international, regional and EU freedom of association standards. Some governments have used the COVID-19 pandemic to further restrict the civic space. The study explores how the EU could protect civil society from unjust state interference by strengthening freedom of association, assembly and expression, as well as the right to defend human rights. The study elaborates on four policy options: introducing a European association statute; establishing internal guidelines to respect and protect human rights defenders; developing a civil society stability index; and creating a network of focal contact points for civil society at EU institutions. It recommends strengthening the independence of critical civil society actors and increasing funding for activities such as strategic litigation to uphold EU laws and values.

Authors : Lina VOSYLIŪTĖ, Ngo Chun LUK

Summary : This document provides links to all Briefings produced by the Policy Departments of the Directorate-General for Internal Policies and of the Directorate-General for External Policies of the European Parliament, with salient points and essential commitments made by the Vice-Presidents and Commissioners-designates at their respective hearings before the European Parliament, in September-November 2019 and in October 2020. For an exhaustive list of all commitments made and positions taken by the candidates, the full verbatim report of each public hearing is available on the dedicated hearings website of the European Parliament, as are the written questions and answers.

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, assesses the mobility restrictive measures adopted by the EU and its Member States in the fight against COVID-19. It examines the reintroduction of Schengen internal border controls and intra- and extra-EU travel restrictions. It assesses their compatibility with the Schengen Borders Code, including proportionality, non-discrimination, privacy and free movement. The research demonstrates that policy priorities have moved from a logic of containment to one characterized by a policing approach on intra-EU mobility giving priority to the use of police identity/health checks, interoperable databases and the electronic surveillance of every traveller. It concludes that Schengen is not in 'crisis'. Instead there has been an ‘EU enforcement and evaluation gap’ of Member States compliance with EU rules in areas falling under EU competence.

Authors : Sergio Carrera, Ngo Chun Luk

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

Authors : Dr Niovi VAVOULA, Queen Mary University of London

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. The study argues that hate speech and hate crimes poison societies by threatening individual rights, human dignity and equality, reinforcing tensions between social groups, disturbing public peace and public order, and jeopardising peaceful coexistence. The lack of adequate means of prevention and response violates values enshrined in Article 2 of the TEU. Member States have diverging rules, and national public administrations are torn by disagreement in values. Therefore, EU regulation is needed to reinforce the existing standards and take measures to counter hate speech and counter-act against hate speech and hate crime. The study – on the basis of a cross-country comparison conducted – proposes concrete, enforceable and systematic soft and hard law measures to counter hate speech and hate crimes EU-wide efficiently.

Authors : Judit BAYER, Petra BÁRD

Summary : Journalism and journalists face a growing range of threats, including violence and harassment; the misuse of defamation and other laws against them, and restrictive measures on freedom of information and expression adopted in response to the Covid-19 crisis. States must ensure a safe and favourable environment for journalists to perform their public watchdog function. This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the overall chilling effect of crimes and threats against journalists and explores various regulatory and other measures to counter them.

Authors : Tarlach McGONAGLE

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines legal and policy responses to environmental migration and displacement. Following a review of international, regional and national initiatives and legal instruments, it offers recommendations on ways to better address root causes and consequences of the climate change-migration nexus in Europe and beyond.

Authors : Albert KRALER, Danube University Krems Caitlin KATSIAFICAS, International Centre for Migration Policy Development Martin WAGNER, International Centre for Migration Policy Development

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines the impact on fundamental rights of Artificial Intelligence in the field of law enforcement and criminal justice, from a European Union perspective. It presents the applicable legal framework (notably in relation to data protection), and analyses major trends and key policy discussions. The study also considers developments following the Covid-19 outbreak. It argues that the seriousness and scale of challenges may require intervention at EU level, based on the acknowledgement of the area’s specificities.

Authors : Prof. Dr. Gloria GONZÁLEZ FUSTER, Vrije Universiteit Brussel (VUB)

Summary : This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), aims to provide information on Organised Property Crime in the EU, by offering a strategic discussion on the Union policies on this topic and highlighting key recommendations for future action. The study proposes a holistic approach to the problem, adding new elements to existing measures.

Authors : Ernesto U. SAVONA, Director of Transcrime (Joint Research Centre on Transnational Crime) Università Cattolica del Sacro Cuore, Milan (www.transcrime.it) Matteo ANASTASIO, Sant’Anna School of Advanced Studies and intern at Transcrime-Università Cattolica del Sacro Cuore, Milan

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Summary : Since it was set up in 2007, the EU Agency for Fundamental Rights has demonstrated its ability produce high-quality research, and to provide the EU institutions and the EU Member States implementing Union law with expert advice on fundamental rights issues. The regulatory framework under which the Agency operates, however, is not fully appropriate to discharge its mandate effectively. This in-depth study commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Civil Liberties, Justice and Home Affairs identifies how it could be improved.

Authors : Professor Olivier DE SCHUTTER

Summary : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.