JURI Report

JURI Report
ISSUE 21
APRIL 2016
At the meeting of 20-21 April 2016
The April 2016 meeting of the Committee on Legal Affairs will commence, on the morning of
20 April, with a series of fact-finding activities. A study on the cross-border acquisition of real
estate, focusing on how certain existing problems could be solved, will be presented by the
international academic team which drew it up. There will then be a presentation of the
European Added Value Assessment relating to Joëlle Bergeron's legislative initiative report on
the protection of vulnerable adults. The morning will conclude with a hearing on EU copyright
rules.
NEXT MEETING
23-24 MAY 2016
JURI Website
In the afternoon, Jean-Marie Cavada will present his draft reports on the proposed private
international law regulations on international couples, covering both matrimonial property
regimes and registered partnerships. At 16.30, there will be a joint meeting with the ECON
Committee, with the participation of the TAX 2 Committee, in order to hold an exchange of
views with Commissioner Hill on country-by-country reporting. The day will conclude in
camera, with the consideration of credentials, disputes and immunities.
LATEST ANALYSES
Votes will take place the next morning, 21 April, at 9.30. Major votes include the report on the
abolition of the Civil Service Tribunal and the second reading of the public documents
proposal. The rest of the morning will be given over to a hearing on the legal and ethical
aspects of robotics and artificial intelligence.
Administrative
Procedure of the EU
Institutions, Bodies,
Offices and Agencies
____________________________________________________________________________
Hearing on 'Modernisation of
EU Copyright rules' - 20.4.2016
On 9 December 2015, the Commission
presented a proposal for a Regulation on
ensuring the cross-border portability of
online
content
services
(2015/0284(COD)), rapporteur Jean-Marie
Cavada. This proposal represents the first
step in the reform of copyright in Europe
as announced by the Commission in the
context of the setting up of the Digital
Single Market.
At this meeting, the Committee will hold
a hearing at which the Commission will
present the proposal and the Committee
will hear expert testimony from industry
representatives
from
a
technical
perspective as well as from the viewpoint
of consumers, authors, producers and
content providers.
The hearing will be webstreamed.
EPRS
Adoption: Cross-Border
Legal Issues
The Transatlantic Trade
and Investment
Partnership (TTIP): The
Sluggish State of
Negotiations
Brussels IIa: Towards a
Review
The General Principles
of EU Administrative
Procedural Law
The Balance of EU
Copyright: Impact of
Exceptions and
Limitations on
Industries and Economic
Growth
Civil-Law Expert Reports
in the EU: National
Rules and Practices
_________________________________________________________________________________
UPCOMING EVENTS
Public hearing on 'Legal and ethical aspects of robotics and artificial intelligence' 21.4.2016
The developments in the fields of robotics and artificial intelligence
(AI) represent perhaps the most significant technological advances of
today. While potentially useful in many ways, emerging applications
of robotics and AI also raise questions on how to respond to and
adjust to the introduction of increasingly autonomous robots and
evolutionary algorithms in various areas of work and human activity.
How should responsibility and liability be shared between different
actors if an internet-connected robot or robotic system causes harm,
either when acting physically upon its environment or when de facto
concluding contracts? What are the envisaged risks involved and how
could they be managed? What ethical issues need to be addressed
and to what extent is the existing regulatory framework appropriate
for dealing with the new generations of robots and the increased
sophistication of artificial intelligence? These are among the questions
underlying the decision by the JURI Committee and its Working
Group on Robotics to organise a public hearing that will gather
expertise on technical, ethical and legal aspects of robotics and
artificial intelligence. The hearing will be webstreamed.
________________________________________________________________________________________________
Exchange of views with Commissioner Hill on country-by-country reporting
At this meeting, Commissioner Hill will present to the JURI, ECON and
TAX 2 Committees the latest Commission proposal on country-bycountry reporting on corporate income tax. It is common knowledge
that an environment of complex tax rules and fiscal secrecy has
allowed some multinational enterprises (MNEs) to exploit loopholes
and mismatches in the tax system in a non-transparent manner. It is
estimated that EU Member States lose billions each year to tax
avoidance by firms, and recent reports have disclosed that certain
multinationals pay very little in taxes. Against this background,
Parliament has called on several occasions for the introduction of
country-by-country reporting on corporate income tax as a way of
fostering corporate responsibility to contribute to welfare through
taxes and promoting fairer tax competition in the EU through an
informed democratic debate on how to remedy market and
regulatory shortcomings. The present Commission proposal intends to respond to these calls from Parliament. The
JURI Committee has a leading role to play on this file as the committee responsible for company law. In fact, given
the strong connection of the initiative with corporate reporting, the Commission has deemed it appropriate to
present this initiative as an amendment to the Accounting Directive, for which the JURI Committee was the sole
committee responsible.
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CONSIDERATION OF DRAFT INTERIM REPORT
Ratification and accession by Member States on behalf of the Union to the Protocol
of 2010 to the International Convention on Liability and Compensation for Damage
in connection with the Carriage of Hazardous and Noxious Substances by Sea
The 2010 International Convention on Liability and
Compensation for Damage in connection with the
Carriage of Hazardous and Noxious Substances by Sea
(the ‘2010 HNS Convention’) is an important part of the
international maritime liability regime, in particular as
the carriage of HNS by sea, including liquefied natural
gas (LNG) and liquefied petroleum gas (LPG), is a
booming trade representing a significant share of the
maritime transport sector.
The 2010 HNS Convention applies to claims for
damage arising from the carriage of HNS by sea,
except for claims arising under a contract for the
carriage of goods or passengers, and establishes the strict liability of the owner of a ship carrying HNS for any
damage resulting from an incident in connection with the carriage of HNS by sea on board that ship. Strict liability is
coupled with the obligation of owners to take out insurance or other financial security to cover their liability for
damage under the Convention.
The biggest contribution of this Convention to the international regime covering liability and compensation for
accidents caused by shipping activities and, in particular, by the HNS trade by sea, is the establishment of a
specialised compensation fund. Known as the HNS Fund, it aims to pay compensation to any person suffering
damage in connection with the carriage of HNS by sea to the extent that such person has been unable to obtain full
and adequate compensation for the damage from the shipowner and its insurer. The 2010 HNS Convention also
contains rules on jurisdiction of courts of States Parties over claims made by
persons suffering damage covered by the Convention against the owner or
Procedure: 2015/0135(NLE);
its insurer, or against the HNS Fund. Recognition and enforcement of
2015/0136(NLE)
judgments by courts in States Parties is also covered by the Convention.
In the absence of a REIO (Regional Economic Integration Organisation)
clause in the text of the Convention or in the Protocol, Member States
should conclude this international agreement on behalf of the Union. They
can only do this, on behalf of the Union, following the authorisation of the
Council and the consent of Parliament on a proposal by the Commission, in
accordance with Article 218(6)(a) TFEU. The Council decided on 10
December 2015 to request that Parliament give its consent.
At this meeting, the rapporteur and Chair of the Committee, Pavel
Svoboda, will present his draft interim reports. According to Rule 99(3) of
the Rules of Procedure the committee responsible may present an interim
report to Parliament including a motion for a resolution containing
recommendations for modification or implementation of the envisaged
international agreement. The draft reports thus call on the Council and the
Commission to consider carefully the legal basis of the draft decisions, the
scope and the type of obligation imposed on Member States to ratify or
accede to the HNS Convention, and to ensure that the uniformity,
integrity and effectiveness of common EU rules is not adversely affected in
view of the overlap between the HNS Convention on the one hand and
the Environmental Liability Directive and the recast Brussels I Regulation
on the other hand.
Basic Doc: 13806/15; 14112/15;
COM(2015) 305 final; COM(2015)
304 final
Legal basis: Rule 99 RoP / Article
218(6) (a)(v) and Article 100(2)
TFEU; Rule 99 RoP / Article 218(6)
(a)(v) and Article 81
Rapporteur: Pavel Svoboda
Administrator: Zampia Vernadaki
Preliminary Timetable
Consideration of draft interim
reports: 21.04.2016
Deadline for AMs: 27.04.2016
Vote at Committee level: 2324.05.2016
Vote in Plenary: 6-9.06.2016
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PRESENTATION DES PROJETS DE RAPPORT
Compétence, loi applicable, reconnaissance et exécution des décisions en matière de
régimes matrimoniaux et d'effets patrimoniaux des partenariats enregistrés
Lors de cette réunion, le rapporteur, Jean-Marie Cavada, présentera ses deux
projets de rapport sur les propositions de règlements du Conseil relatifs à la
compétence, à la loi applicable, à la reconnaissance et à l'exécution des
décisions en matière de régimes matrimoniaux et d'effets patrimoniaux des
partenariats enregistrés.
Ces propositions sont les deuxièmes en la matière. Après le blocage des
négociations entre États membres – tout accord devant être unanime en
matière de droit de la famille –, cette proposition revient au Parlement sous la
forme d'une coopération renforcée.
La proposition de règlement de 2016 n'est pas identique à la proposition initiale de la Commission de 2011 – au
contraire, elle intègre de nombreuses modifications proposées par le Parlement en 2013 et correspond ainsi au texte
auquel 23 États membres étaient prêts à donner leur accord fin 2015.
Le règlement sera un instrument très utile pour les couples internationaux au
sein de l'Union européenne. Il couvre, en matière de régimes matrimoniaux,
la compétence et la loi applicable, ainsi que la reconnaissance et l'exécution
de décisions. Toutefois, il exclut de son domaine, notamment, les questions
concernant la capacité des époux, l’existence, la validité ou la reconnaissance
d’un mariage, les obligations alimentaires et la succession du conjoint
Procédure: 2016/0059(CNS),
2016/0060(CNS)
Documents de base:
COM(2016)0106, COM(2016)0107
Base juridique: Article 81(3) TFUE
Rapporteur: Jean-Marie Cavada
décédé. L'autonomie des État membres en matière de droit de la famille
Administrateur: Alexander Keys
semble donc sauvegardée. Le règlement n'affecte pas, non plus, le fond du
Agenda previsionnel
droit des États membres sur les régimes matrimoniaux. En matière d'effets
Présentation des projets de
rapport: 20.04.2016
patrimoniaux des partenariats enregistrés, la proposition reprend largement
les mêmes règles que pour les régimes matrimoniaux, avec les modifications
qui s'imposent. Les demandes du Parlement ont donc été entendues.
Le rapporteur retient que ces propositions de règlements sur les régimes
matrimoniaux et les effets patrimoniaux des partenariats enregistrés sont
clairement dans l'intérêt de l'Union et de ses couples internationaux. Elles
Date limite pour amendements:
05.05.2016
Discussion des amendements: mai
2016
Adoption JURI: 14.06.2016
Adoption PLÉNIÈRE: 23.06.2016
permettront de mettre fin à de nombreux cas de confusion et de difficulté
juridique. Les propositions actuelles ont intégré une bonne partie des
amendements proposés précédemment par le Parlement. Le rapporteur propose donc que le Parlement donne un
avis favorable sur ces propositions, et n'incut pas d'amendements supplémentaires dans les projets de rapport.
_______________________________________________________________________________________________
Presentation of Added Value Study on EU intervention on the protection of vulnerable
adults
The Committee on Legal Affairs is currently working on a legislative initiative report on the protection of vulnerable
adults (Rapporteur: Joëlle Bergeron). Within this framework, two Added Value Studies were commissioned from
experts in the field. At this meeting, Dr Ian Curry-Sumner, Dr Joëlle Long and Prof. Pietro Franzina will present their
studies to the committee.
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________________________________________________________________________________
VOTES
Transfer to the General Court of the EU of jurisdiction at first
instance in disputes between the Union and its servants
At this meeting, the committee will vote on the draft report and the
amendments tabled thereto. As a modification of the legal basis is also
proposed, the committee will also vote on a legal basis opinion under Rule 39.
The committee may also decide to confer a negotiating mandate.
Procedure: 2015/0906(COD)
This regulation is the fourth relating to the reform of the Court of Justice. It
follows on from the third, which concerned an increase in the number of
judges at the General Court to 56. This increase was subject to the condition
that the Civil Service Tribunal be abolished and civil service disputes transferred
back to the General Court.
The present regulation is therefore a follow-up to the third regulation
reforming the Court of Justice. In parallel with the second step in the increase
in judges at the General Court, from 40 to 47, the Civil Service Tribunal, which
has seven judges, must be abolished.
The Court of Justice's proposal merely proposes the repeal of the provisions
relating to the Civil Service Tribunal, along with a small number of
consequential amendments and transitional provisions concerning the transfer
of ongoing cases.
Basic doc: N8-0110/2015
Legal basis: Articles 256(1), 257
and 281 TFEU; Article 106a(1)
Euratom
Rapporteur: Mady Delvaux
Administrator: Alexander Keys
Opinion giving committee: AFCO
Preliminary Timetable
Adoption of report, legal basis
opinion and negotiating mandate:
21.04.2016
Possible confirmation vote
following trilogues: 24.05.2016
If a negotiating mandate is adopted, interinstitutional negotiations can then
commence on the basis of the draft report as amended.
_______________________________________________________________________________________________
Workers’ representation at board level in Europe
The Committee on Employment and Social Affairs is drafting
an own-initiative non-legislative report (rapporteur Thomas
Händel)
on
representation
workers’
at
board
Procedure: 2015/2222(INI)
level in Europe. The report
Rapporteur: Enrico Gasbarra
aims
to
present
the
systems
of
Administrator: Francisco
Ruiz-Risueño
workers’ representation at
Preliminary Timetable
board
European Union and to
Consideration of
amendments: 20-21.4.2016
examine
Vote: 23-24.05.2016
existing
level
how
in
the
those
systems work, along with a
framework and criteria to help optimise their operation. The Committee
on Legal Affairs will provide an opinion. At this meeting, the Committee will consider the amendments
tabled to the draft opinion.
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Implementation of the UN Convention on the Rights of Persons with Disabilities with
special regard to the Concluding Observations of the UN CRPD Committee
On 17 August and 4 September 2015, the Committee on
the Rights of Persons with Disabilities adopted its
Concluding Observations on the initial report on the
implementation of the UN Convention on the Rights of
Persons
with
Disabilities by the
Procedure: 2015/2258(INI)
European Union.
Basic document: UN CRPD
Committee Concluding
Observations on the initial
report of the European Union
The Committee on
Employment
and
Social
Affairs
was
Rapporteur: Heidi Hautala
authorised to draw
Administrator: Francisco Ruizup an own-initiative
Risueño
non-legislative report
Preliminary Timetable
on
the
Adoption JURI: 23-24.05.2016
implementation
of
Adoption Lead Committee:
30.05.2016
this convention, with special regard to the concluding observations of the UN
CRPD Committee (2015/2258(INI)). At least eight committees (DEVE, TRAN,
REGI, CULT, JURI, LIBE, FEMM and PETI) will provide opinions to the EMPL
Committee on this file. The rapporteur for the JURI Committee opinion is Heidi Hautala. At this meeting, the
committee will consider the amendments tabled to the draft opinion.
_______________________________________________________________________________________________
ORAL QUESTION WITH RESOLUTION
Open, efficient and independent European Union
administration
The committee will consider and possibly adopt an oral question to
the Commission and a motion for a resolution to wind up the
debate in plenary on an open, efficient and independent European
Union administration. A proposal for a regulation on the
administrative procedure
of the European Union’s
Procedure: 2016/2610(RSP)
institutions, bodies, offices
Legal basis: Rule 128
and agencies would be
Rapporteur: Heidi Hautala
annexed to the resolution. The proposal for a regulation was drawn up by a
Administrator: Kjell Sevón
Working Group on Administrative Law set up by the Committee on Legal
Affairs and chaired by Ms Heidi Hautala MEP. The proposal, which has
Preliminary Timetable
already been considered in a public hearing of 28 January 2016 with the
Adoption JURI: 21.04.2016
participation of experts, representatives of stakeholders and high-ranking
Adoption PLENARY: 9-12.05 2016
officials from the EU institutions, does not seek to replace existing EU
legislation but to supplement it when there are gaps and to increase clarity
and coherence in the interpretation of existing rules for the benefit of
citizens and businesses and of the administration and its officials.
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Promoting the free movement of citizens and businesses by simplifying the acceptance
of certain public documents in the EU
At this meeting, the committee will adopt its recommendation
at second reading, after having already informally approved,
on 12 November 2015, the text agreed in trilogues. The legallinguistic revision of the text in all official languages is now
complete, and the regulation has already been endorsed by
the Council.
This proposal is important because a large number of EU
citizens live in a Member State other than their own, and this
number is steadily increasing. An ever increasing number of
citizens have links to another state, be it for family or
professional reasons or just for holidays.
However, administrative formalities across borders are
generally considerably more complicated than within each Member State.
Citizens may have to have their documents legalised by diplomatic
authorities (legalisation or apostille), provide expensive certified translations
Procedure: 2013/0119(COD)
of even the simplest documents or submit certified copies of official records.
Basic doc: COM(2013)0228
The proposed regulation simplifying the acceptance of certain public
documents in the European Union aims to fulfil the very important role of
making formalities easier for citizens who move across borders.
Legal basis: Articles 21(2) and
114(1) TFEU
Parliament adopted its position at first reading on this matter prior to the
elections. It proposed, inter alia, an increase in the number of public
documents covered by the proposal, the strengthening of the provisions
abolishing certain formalities and the introduction of additional EU
multilingual forms for cross-border use.
Administrator: Alexander Keys
A compromise agreement was reached after five interinstitutional trilogues.
That agreement widens the scope of the regulation to more documents
than were covered by the Council’s position, and provides for certain
guarantees in terms of the cost of multilingual forms, information to be
provided by national administrations, and regular review of the regulation.
Vote on legal
28.01.2016
Rapporteur: Mady Delvaux-Stehres
Preliminary Timetable
Plenary (1st reading): 04.02.2014
Confirmation vote after trilogues:
12.11.2015
basis
opinion:
Vote on the second reading
position in committee: 21.04.2016
The next step will be for Parliament as a whole to formally approve the
regulation at second reading, on the basis of this committee’s
recommendation.
_______________________________________________________________________________________________
The Union framework for customs infringements and sanctions
By letter of 29 February 2016 the Committee on the Internal Market and Consumer
Protection (IMCO) asked the Committee on Legal Affairs, pursuant to Rule 39(2) of the
Rules of Procedure, for an opinion on the appropriateness of the legal basis for the
Commission's proposal for a Directive on the Union framework for customs
infringements and sanctions.
The Commission proposal is based on Article 33 TFEU on customs cooperation.
Amendments in IMCO aim at adding to the legal basis Article 114 TFEU, on the approximation of laws for the
establishment and functioning of the internal market, to the legal basis.
At this meeting, the Committee will verify the legal basis of the proposal. The Union framework for customs
infringements and sanctions.
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PAST EVENTS
Hearing on 'The protection of vulnerable adults' - 14.3.2016
8
________________________________________________________________________________
Exchange of views with Lene Wendland, representative of the Office of the United
Nations High Commissioner for Human Rights (OHCHR), on the Accountability and
Remedy Project
_______________________________________________________________________________________________
Presentation of the Draft Multiannual Strategic Programme of the European Union
Intellectual Property Office (EUIPO) by António Campinos, President of the Office for
Harmonisation in the Internal Market (OHIM)
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Public hearing on 'EU Citizenship in Practice: Our Common Values, Rights and Democratic
Participation'
A public hearing on ‘EU Citizenship in Practice: Our Common Values, Rights
and Democratic Participation’ was held by Parliament’s JURI, LIBE, AFCO and
PETI Committees together with the Commission on 15 March 2016.
The Commission’s 2015 public consultation on ‘EU Citizenship: Share your
opinion on our common values, rights and democratic participation’, the
2016 Flash Eurobarometer on EU Citizenship and the 2016 Flash
Eurobarometer on Electoral Rights have shown that, while progress has been
made, there is still work to be done in these areas.
The objective of the hearing was to look at ways of simplifying and
facilitating the exercise of EU citizens' rights in their daily life, as well as to
promote the EU's common values and democratic participation.
In the morning session, which was opened by the Chairs of the JURI, LIBE and
PETI Committees as well as by Commissioner Jourová via a pre-recorded
video message, speakers focused on the effective exercise of Union citizenship and free movement rights, as well as
on consular protection, cross-border circulation of public documents and civil law cooperation. In the afternoon
session, discussion turned on ways to foster democratic participation through the enhancement of the democratic
dimension of the European elections and the reinforcement of Union citizenship, as well as through citizens’ right to
address the EU.
For
more
information
and
access
to
speakers'
presentations
http://www.europarl.europa.eu/committees/en/juri/events.html?id=20160315CHE00221
10
please
go
to:
________________________________________________________________________________
IN CAMERA
DISPUTES INVOLVING PARLIAMENT
Case T-41/16, Cyprus Turkish Chamber of Industry,
Animal Breeders Association and others v European
Commission
In Case T-41/16 the applicants brought an action before the General Court of the European Union for the annulment
of two Commission decisions in relation to the registration of Halloumi cheese as Protected Designation of Origin.
The application raises, among other pleas, an objection of illegality pursuant to Article 277 TFEU regarding Articles
49 to 52 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on
quality schemes for agricultural products and foodstuffs. At this meeting the Committee is to decide whether to
recommend to the President, in accordance with Rule 141(4) of the Rules of Procedure, that Parliament intervene in
the proceedings before the General Court.
Case C-102/16, Vaditrans v. Belgische Staat
On 30 March 2016 Parliament was notified of a reference for a preliminary ruling by the Belgian Raad van State
concerning the interpretation and validity of Article 8(6) and (8) of Regulation (EC) No 561/2006 of the European
Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road
transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council
Regulation (EEC) No 3820/85. Article 8(6) sets out the framework for the weekly rest periods for drivers, which can
take the form of a regular or reduced rest period, whereas Article 8(8) sets out the possibility for daily rest periods
and reduced weekly rest periods away from the base to be taken in a stationary vehicle with suitable sleeping
facilities for each driver. The Committee is, therefore, to decide in this meeting whether to recommend to the
President, in accordance with Rule 141(4) of the Rules of Procedure, that Parliament submit observations duringin
the proceedings before the Court of Justice.
_______________________________________________________________________________________________
VERIFICATION OF CREDENTIALS (RULE 3)
The President has announced to plenary that the competent national authorities have given
notice of the appointment of the following as
Member(s) of the European Parliament, with effect
Legal basis: Rule 3 RoP
from the dates shown below:
Rapporteur: Pavel Svoboda
Administrator: Andrea Scrimali
• Mr Morten LØKKEGAARD (to replace Ms Ulla TØRNÆS), as from 3 March
2016.
Preliminary Timetable
In accordance with Rule 3 of the Rules of Procedure, on the basis of a
Exchange of views: 20-21.04.2016
Adoption JURI: 20-21.04.2016
report by the JURI Committee, Parliament will verify the credentials without
delay and rule on the validity of the mandate of each of its newly elected
Members. Parliament will also rule on any dispute referred to it pursuant to
the provisions of the Act of 20 September 1976, except those based on
national electoral laws.
It is not possible to confirm the validity of the mandate of a Member unless the written declarations required on the
basis of Article 7 of the Act of 20 September 1976 and Annex I to the Rules have been made. Until such time as a
Member’s credentials have been verified or a ruling has been given on any dispute, the Member will take his or her
seat in Parliament and in its bodies and enjoy all the rights attaching thereto.
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IMMUNITIES
Bolesław G. Piecha
PRESENTATION OF DRAFT
REPORT &
ADOPTION OF DRAFT REPORT
(possibly)
Type of procedure:
Waiver of immunity
Procedure: 2015/2339(IMM)
Legal basis: RoP Rule 6
Notice to Members: 04/2016
Rapporteur: Gilles Lebreton
Administrator: Francisco Ruiz-Risueño
Preliminary Timetable:
Presentation of draft report: 20-21.04.2016
Adoption of draft report: 20-21.04.2016
(possibly)
SUBSCRIPTIONS
WATCH LIVE: EP website or EuroparlTV
JURI Report: [email protected]
Re-Watch: EP multimedia library
JURI Press Releases: [email protected]
CREDITS & ACKNOWLEDGEMENTS
European Parliament - Committee on Legal Affairs
Head of Secretariat: Robert BRAY - Responsible Administrator: Alexander KEYS
Editorial/Production Assistant: Natalia EWIAKOVA
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