European Union

Length of video : 68'

Disclaimer : The interpretation of debates serves to facilitate communication and does not constitute an authentic record of proceedings. Only the original speech or the revised written translation is authentic.
Source : © European Union, 2021 - EP

Length of video : 68'

Disclaimer : The interpretation of debates serves to facilitate communication and does not constitute an authentic record of proceedings. Only the original speech or the revised written translation is authentic.
Source : © European Union, 2021 - EP

In the context of the exponential growth of the coronavirus disease (COVID-19), the President of the European Parliament has announced a number of measures to contain the spread of epidemic and to safeguard Parliament's core activities.

The current precautionary measures adopted by the European Parliament to contain the spread of COVID-19 do not affect work on legislative priorities. Core activities are reduced, but maintained to ensure that the institution's legislative, budgetary, scrutiny functions are maintained.

The meetings will be with remote participation for Members (being able to view and listen to proceedings, ask for the floor and intervene in the meeting). Other participants are invited to follow the meeting through webstreaming.

Following these decisions, the next meeting of the Subcommittee on Security and Defence (SEDE) will take place on 15 and 16 March 2021 (online).
The meeting agenda and documents will be published here.

SEDE meetings' calendar 2021
EP calendar 2021
Press release: Debate with the head of the International Atomic Energy Agency - 16 March 2021
Press release: Exchange of views with the NATO Secretary General - 15 March 2021
Press release: Instability in the Central African Republic - 24 February 2021
Press release: Chair of the Security and Defence Subcommittee welcomes extension of the New START Treaty - 5 February 2021
Press release: MEPs to discuss security and defence priorities with Minister Gomes Cravinho - 28 January 2021
Press release: MEPs call for unity in Common Security and Defence Policy - 4 December 2020
Press release: MEPS to examine prospects of the EU space defence sector - 27 November 2020
Press release: Common Security and Defence Policy: Disinformation targeting EU missions and operations - 16 November 2020
Source : © European Union, 2020 - EP

On 23rd September 2020, the EU published the ‘New Pact on Migration and Asylum’ that aims to be ‘[a] fresh start on migration in Europe’.  The Pact contains various commitments and timelines for action ranging from proposed reforms on existing asylum procedures rules to a proposed new Screening Regulation and a proposed Asylum and Migration Management Regulation. Since the Pact was published, its contents have received significant criticism from academics, practitioners, and NGOs alike. That criticism has focused on a range of matters, including human rights concerns, and scepticisms about the Pact’s potential to alleviate the burden of member states at the EU’s external borders who receive the most refugees and asylum seekers.

The focus of this blog, however, is on what might be described as a missed opportunity to meaningfully address the issue of human trafficking within the Pact. I highlight the near absence of an explicit focus on addressing trafficking within the catalogue of proposed instruments which make up the Pact and stress the possible negative impacts of proposed measures. Before turning to the Pact itself, I briefly recall how human trafficking is defined, and what obligations EU member states have in this regard.

International law defines human trafficking in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children. The definition, which is replicated almost word for word in the EU Trafficking Directive and the Council of Europe Convention on Action against Trafficking in Human Beings, comprises three elements: an act ‘recruitment, transportation, transfer, harbouring or receipt’; a means, ‘threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; and a purpose, ‘exploitation’. The relevant international and European instruments oblige EU member states to not only criminalise conduct falling within the scope of the above definition, but also to prevent trafficking, and to provide protection to trafficked persons.

Given the obligations outlined above, the connections between human trafficking and migration, and the fact that addressing human trafficking falls within the EU’s competence, one might expect to see a focus on preventing and tackling trafficking within the various proposed instruments which make up the Pact. This is not the case. Take, for example, the proposed Screening Regulation. The entire draft regulation mentions trafficking only in relation to the involvement of national anti-trafficking Rapporteurs in cases where screening may indicate trafficking.  In the proposed Asylum and Migration Management Regulation, human trafficking is referred to only twice, both in relation to children’s needs. While these connections, along with references to the EU’s Trafficking Directive in the recitals, are certainly welcome, such limited explicit focus is arguably insufficient, given the realities of risk and vulnerability within the asylum context. Questions certainly remain. How, precisely, will action to prevent trafficking be implemented within migration and asylum processes?

Whatever the reason, notwithstanding the limited references mentioned above, the issue of trafficking has apparently not played any meaningful role in the development of the Pact’s normative standards on migration and asylum. Perhaps it might be asserted that a focus on human trafficking is not necessary, given that other international and EU instruments address this issue. Arguably, though, such an approach fails to capture the complex reality which exists in practice: one where action taken to address migration and asylum can have an impact on both the risk and prevalence of human trafficking.

For example, some of the proposed measures, if enacted, may actually work in practice to aggravate trafficking or even re-trafficking risk. Consider the proposed screening regulation which requires accelerated border procedures in cases where asylum seekers are deemed to have originated from ‘safe’ countries. The human rights concerns about these provisions have been documented elsewhere. Specifically related to trafficking concerns, the idea of accelerated border procedures for those deemed to have arrived from so-called ‘safe’ countries is problematic, since signs indictors of trafficking may be missed in the course of such a procedure. Moreover, if such individuals are refused asylum and assistance measures owed to trafficked persons when, in reality, they need protection, they will remain at risk of harm and exploitation. Surely obligations to prevent trafficking require a different approach.

The example outlined above presents just one area in which the opportunity to meaningfully consider anti-trafficking obligations appears to have been missed. At present, the proposed instruments within the Pact have not entered into force. However, given their stage in the legislative process, and the complexities of achieving consensus among Member States, it remains unlikely that any significant substantial change will occur meanwhile. Since the EU member states have obligations not only to prosecute but also to prevent trafficking and protect trafficked individuals, surely this requires at the very least, that legal rules on managing migration and asylum should not have the potential to increase trafficking risk or result in situations where trafficked persons remain unidentified.

Simply put, asylum law, policy, and practice cannot be ignored if efforts to tackle trafficking are to succeed. The challenge, going forward, is to ensure that anti-trafficking obligations are addressed in a more significant way within EU asylum law.

 

[1] This commentary is based upon content provided by the author for a webinar on the EU Pact for Network for Migration Matters.

 

Author

Gillian is a PhD candidate in the School of Law at Queen’s University, Belfast. She holds an LLB in International and European Law, and an LLM in Human Rights Law. Her PhD research investigates the role of international law in preventing and tackling human trafficking among refugees and asylum seekers.

 

Twitter Handle: @gilliankane87

The post The EU Pact on Migration and Asylum: A Missed Opportunity to Strengthen Protection against Human Trafficking? appeared first on Ideas on Europe.

MEPs will discuss the efficacy of vaccines against new Covid-19 variants with experts, assess the impact of data protection rules and vote on artificial intelligence rules.

Source : © European Union, 2021 - EP

MEPs will discuss the efficacy of vaccines against new Covid-19 variants with experts, assess the impact of data protection rules and vote on artificial intelligence rules.

Source : © European Union, 2021 - EP

Strategic Sovereignty (or Autonomy) for the European Union appears to be its ability to decide and act according to its own rules, principles and values. The latter include the promotion of multilateralism, respect for the rule of law, democracy and human rights, openness in trade relations. Given rapidly shifting global geopolitical and technology trends, and the seeming fragmentation of the multilateral order, the EU is being forced to strengthen its own position in the international arena.
The EU needs to secure its values and interests in new (and more determined) ways. If the EU wants to "do it its way" to quote HRVP Borrell's "Sinatra doctrine", several questions needs to be answered.

With the assistance of the EU Institute for Security Studies, and of top-level experts, this AFET workshop/webinar will tackle three important questions: 1- How can the EU deal more strategically with interdependencies in a less cooperative world? 2- How should the EU adapt existing and develop new strategic partnerships? 3- How can EU efforts to strengthen multilateralism both reinforce EU autonomy and global cooperation?
Draft Programme
Source : © European Union, 2021 - EP

Germany's Christian Democrats slumped to record defeats in two regional votes on Sunday after a muddled coronavirus response, dealing a setback to the party which faces federal elections in September without chancellor Angela Merkel, Reuters reports. In Baden-Wuerttemberg, the Greens won 31.4 percent of the vote and the CDU 23.4 percent, projections showed. In Rhineland-Palatinate, the CDU led in opinion polls until last month but secured only 26.9 percent.

Europe is facing a third wave of corona-infections, amid spikes in numbers in Belgium, France, Germany, Italy, and Poland, reaching new heights since the start of February. "We are unfortunately facing a new wave of infections," Italian prime minister Mario Draghi said, ahead of a national lockdown starting Monday. "Every 12 minutes night and day, a Parisian is admitted to an intensive care bed," French health minister Olivier Véran said.

Introduction

As discussed in my previous article (see Reform #2 vol. 1), the European electoral system would go through a radical reformation, which affects the composition and working dynamics of the European Parliament (or EP) profoundly. Based on the figures of turnout and election results, the pan-Europarties and their national branches are going to reshape the face and the purpose of the EP of the Republic of the United Europe, enhancing legitimacy and competence on a European scale.

In this article, I am going to focus on the transformation of the European Parliament as the second volume of the reformation of the European political system. However, before introducing the new EP, I would like to begin with the provision of a brief and general overview of the EP in its current state – highlighting its strengths and weaknesses, whilst proposing solutions.

 

The European Parliament of the European Union

Officially, the European Parliament represents the European citizens, and forms the democratic basis of the European Union. During the last decades, the EP became gradually more powerful, and is considered to be the main agenda-setter of the EU. The first significant step to increase the EP’s authority was granted by the Maastricht Treaty, which provided the institution the power of final approval of the membership of the European Commission (including its President), meaning political control over the institution responsible for being the guardian of European laws. As a second important step on this path, the Amsterdam Treaty extended the co-decision procedure to most areas of legislation, granting the EP the same importance as the European Council has. Most recently, the Nice Treaty and Lisbon Treaty further extended the scope of co-decision – now known as the ordinary legislative procedure –, and became the most widely used decision-making procedure.

The European Parliament has ratification powers, and participates in the legislative process (e.g. ordinary legislative procedure, consultation, assent, initiation). Since the Lisbon Treaty, the EP is involved in the budgetary process from the preparation stage (e.g. general guidelines, type of spending), it adopts the budget, and monitors its implementation. Also, the EP keeps the European Commission in check, and has the right to appeal to the Court of Justice. Besides its official powers, the EP has an enormous indirect influence through non-binding resolutions, committee hearings, and the media based in Brussels.

Since 1979, the MEPs are directly elected on European elections. The European Parliament has 705 representatives, distributed amongst the 27 member states as follows: Germany 96; France 79; Italy 76; Spain 59; Poland 52; Romania 33; the Netherlands 29; Belgium, the Czech Republic, Greece, Hungary, Portugal, and Sweden 21-21; Austria 19; Bulgaria 17; Denmark, Finland, and Slovakia 14-14; Ireland 13; Croatia 12; Lithuania 11; Latvia and Slovenia 8-8; Estonia 7; Cyprus, Luxembourg, and Malta 6-6.  The total number of seats is allocated in accordance with the size of population; however, more populous member states agree to be under-represented in order to favour greater representation of less populous member states (degressive proportional apportionment).

The European Parliament’s political bodies comprise the Bureau (the President and fourteen Vice Presidents), the Conference of Presidents (the President and the political group chairs), the five Quaestors (responsible for the members’ administrative and financial business), the Conference of Committee Chairs, and the Conference of Delegation Chairs. The President of the European Parliament – elected for two and a half years – oversees the functioning and work of the EP. The EP has 22 committees and 44 delegations, and also sends a delegation to the Joint Assembly set up under the agreement between the African, Caribbean, and Pacific (ACP) states and the EU. The EP organises its work independently, in accordance with its Rules of Procedure, acting by a majority of its members.

Theoretically, the political groups are defined by political affinities and not by nationalities, which secures the transnationality of the European Parliament. A political group must comprise members elected from at least a quarter of the member states, and must consist of at least 25 members. The European parties in existence (as of 2021) are the European People’s Party (EPP), the Progressive Alliance of Socialists and Democrats (S&D), the Renew Europe, the Greens/European Free Alliance (Greens/EFA), the Identity and Democracy (ID), the European Conservatives and Reformists (ECR), the Confederal Group of the European United Left-Nordic Green Left (GUE-NGL), and the independent Non-attached Members (NI). Supranational parties work in close co-operation with the corresponding political groups in the EP.

In my view, the European Parliament of the European Union has numerous shortcomings, of which the strong national tone, the deficiency in legitimacy (e.g. degressive proportionality, low turnout), and the costliness and inconvenience of multiple locations of sessions (Brussels, Luxembourg, Strasbourg) and of multilingualism are the most distressful. The EP of the EU is neither legitimate nor transnational to that extent as it would be desirable and expected; moreover, it is distant from its citizens and unnecessarily expensive. In addition, due to the seat allocation being based on national features (e.g. size of population), and the European parties are pursuing national interests, the competence of the EP as the parliament of Europe is also questionable – not to mention certain representatives, who are executing orders taken from unelected individuals. It would be rather harmful and dangerous, if this EP with its obvious defects would receive further authorities and responsibilities. As the context of the Lisbon Treaty would not allow to reform or further increase the power of the EP anyway, being stuck in a dead end, the solution is to accomplish the reformation of the European Parliament in the frames of the Republic of the United Europe (or RUE).

 

The European Parliament of the Republic of the United Europe

Before I would introduce my own idea, let me bring to attention the most popular theory of reforming the European Parliament. According to this envisage, the federal Europe should consist of two chambers: Lower House and Upper House. The Lower House would include directly elected MEPs, who are the members of their own national parliaments at the same time, aiming to eliminate discrepancies between the EP and the national parliaments, and to reduce potential conflicts between Europe and nation-states. The idea of the Upper House’s structure would be somewhere between the model of the Senate in the US and the Bundesrat in Germany. In the US, every state directly elects two-two senators, whilst in the Bundesrat, the number of the votes varies depending on the size of population. In my opinion, the two-chamber system would make the already stammering European decision-making even more sluggish and indecisive. Also, the European Council would de degraded to the role of forming an Upper House, which could be bypassed and overruled by the directly elected President of the European Commission, who would be the de facto president of the EU at the same time. Besides, this theory would not encourage the formation of true European parties along European issues; on the contrary, pressing issues would stick on the level of nation-states, which are incapable to solve them. Instead of overcoming the challenges of indecision and illegitimacy, the dysfunctional mechanism of the EP – thus the entire Union – would be rather cemented in the two-chamber system. Therefore, I fully reject this idea.

Another theory, which emerged after the failure of the Spitzenkandidaten process after the EP elections in 2019, would allow voters to vote for a preferred candidate for the position of President of the European Commission, enhancing European parties to put forward a joint programme and a single coalition lead candidate. The establishment of a European Electoral Authority is on the table with ideas, such as remote voting, lowering the voting age to 16, common admission, and campaigning and funding rules. This theory argues that transnational lists would increase the transparency of European political parties and movements, whilst supporting the establishment of collective responsibility for the European Commission and the transformation of the European Council into a second EU legislative chamber (also attempting to degrade its current role). This idea has positive elements, but altogether proposes nothing extraordinary or altogether constructive.

In my view, the EP has some features, which are worth to keep, and some require only small adjustments. The European Parliament of the Republic of the United Europe has to be formed along the principles of reformed suffrage and European electoral system, which results in a fundamental transformation. Despite the enormous structural changes, the EP could keep all of its powers it enjoys now, which could be expanded even further by widening its authority and responsibilities.

The new European Parliament would consist of 800 seats, which are allocated based on the new European electoral system (see Reform #2 vol. 1). The MEPs would continue to serve five years terms. For the sake of simplicity and cost effectiveness, the EP’s official languages should be English, French, and German – perhaps Latin in the future (especially in administration) –, whereas the sessions should be held at one location only (e.g. Brussels). The European Parliament – as a fully authorised parliament – has to be in the centre of European decision-making. It shall remain in the EP’s full authority to decide about and accept the budget of the RUE, but for the coming three years – instead of seven. The EP is accountable to the citizens of Europe, and its rule of law should apply to the entirety of the Republic of the United Europe, meaning that it outranks the national parliaments in the legal hierarchy. Should there be a legislation made in the European Parliament, it must not be ignored or contradicted in the member states. It is in the duties and authorities of the EP to propose penalties on any of those member states that breach the constitution of the RUE. The measures of penalty would be decided by the ECJ and executed by the European Government.

As I intend to introduce the European Government of the Republic of the United Europe in the next volume of the reformation of the political system (volume 3), I mention only loosely that it is going to be formed by the pan-Europarties that got elected to the European Parliament. These pan-Europarties would form coalitions and factions as they please in order to increase their influence on legislation, which is going to lead to the formation of a European government ultimately. In this process, the EP appoints the Prime Minister, who is ideally the leading candidate of the winning pan-Europarty. After appointing the PM, the President of the RUE (will be introduced in volume 4) has to approve it as well, as he or she possesses the right to veto the person of the PM once.

The European Parliament would control and supervise the European Government, and would form committees along areas of expertise, helping legislation. Regarding the EP’s current structure and daily working routine, I do not see a reason for fundamental changes (e.g. political bodies). The most important committee I find vital to introduce is the European Accountability Committee (or EAC), which would be a committee independent from the EP, but would work together with it and with the European Court of Justice (ECJ) tightly. The EAC’s duty is to investigate every MEP and minister after their terms of office are over, but also during their terms, if the third of the Parliament agree (at least from four different parties). It is an essential body, which should tackle issues, such as misuse of power, corruption, incompetence, series of wrong decisions, ineffectiveness, inactivity, etc. The members of the EAC would vote and decide unanimously, preparing and sending their report to the ECJ, which would start a legal investigation regarding the case, making its judgement eventually. Should a minister or MEP proved to be guilty, they must get a stricter sentence than an ordinary citizen. It is imperative that only politically inactive and proven experts (e.g. former ministers or representatives) are to be approved to be the members of the EAC.

 

Conclusion

The reformed European Parliament would be significantly more legitimate, focusing on European issues and solutions, and representing the citizens of Europe. The cornerstones of its power should be the oversight of other European and certain national institutions, the supervision of use of the European budget, and the implementation of law. In the complex European political system, the European Parliament is going to be the bastion of Europe, influencing European legislation and its execution – latter through the formation of the European Government.

The post Reform #2: Political system (vol. 2) – European Parliament appeared first on Ideas on Europe.

MEPs will address their questions to experts on COVID-19 variants and the vaccines' efficacy against them.
Committee on the Environment, Public Health and Food Safety

Source : © European Union, 2021 - EP

MEPs will address their questions to experts on COVID-19 variants and the vaccines' efficacy against them.
Committee on the Environment, Public Health and Food Safety

Source : © European Union, 2021 - EP

During a busy plenary session MEPs marked International Women´s Day, adopted investment and health programmes and paved the way for the Conference on the Future of Europe.

Source : © European Union, 2021 - EP

During a busy plenary session MEPs marked International Women´s Day, adopted investment and health programmes and paved the way for the Conference on the Future of Europe.

Source : © European Union, 2021 - EP

The ACP-EU Joint Parliamentary Assembly (JPA) calls on the EU to make COVID-19 vaccines a global public good that is accessible to all.
Committee on Development

Source : © European Union, 2021 - EP

The ACP-EU Joint Parliamentary Assembly (JPA) calls on the EU to make COVID-19 vaccines a global public good that is accessible to all.
Committee on Development

Source : © European Union, 2021 - EP

EP and Council negotiators reached a deal to upgrade the Connecting Europe Facility and release new funds for transport, digital and energy projects for 2021-2027.
Committee on Industry, Research and Energy
Committee on Transport and Tourism

Source : © European Union, 2021 - EP

EP and Council negotiators reached a deal to upgrade the Connecting Europe Facility and release new funds for transport, digital and energy projects for 2021-2027.
Committee on Industry, Research and Energy
Committee on Transport and Tourism

Source : © European Union, 2021 - EP

Source : © European Union, 2021 - EP

Source : © European Union, 2021 - EP