JURI Report 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.

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.

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.

____________________________________________________________________________

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.

ISSUE 21

APRIL 2016

NEXT MEETING

23-24 MAY 2016

JURI Website

EPRS

LATEST ANALYSES

Legislative briefing on portability

Administrative Procedure of the EU Institutions, Bodies, Offices and Agencies

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

_________________________________________________________________________________

2

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-by-

country 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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3

Procedure: 2015/0135(NLE);

2015/0136(NLE)

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: 23-

24.05.2016

Vote in Plenary: 6-9.06.2016

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

its insurer, or against the HNS Fund. Recognition and enforcement of

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.

_________________________________________________________________________________

4

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

décédé. L'autonomie des État membres en matière de droit de la famille

semble donc sauvegardée. Le règlement n'affecte pas, non plus, le fond du

droit des États membres sur les régimes matrimoniaux. En matière d'effets

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

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.

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

Administrateur: Alexander Keys

Agenda previsionnel

Présentation des projets de

rapport: 20.04.2016

Date limite pour amendements:

05.05.2016

Discussion des amendements: mai

2016

Adoption JURI: 14.06.2016

Adoption PLÉNIÈRE: 23.06.2016

________________________________________________________________________________

5

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.

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.

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 workers’

representation at board

level in Europe. The report

aims to present the

existing systems of

workers’ representation at

board level in the

European Union and to

examine how 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.

Procedure: 2015/0906(COD)

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

Procedure: 2015/2222(INI)

Rapporteur: Enrico Gasbarra

Administrator: Francisco

Ruiz-Risueño

Preliminary Timetable

Consideration of

amendments: 20-21.4.2016

Vote: 23-24.05.2016

_________________________________________________________________________________

6

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

European Union.

The Committee on

Employment and

Social Affairs was

authorised to draw

up an own-initiative

non-legislative report

on the

implementation of

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

institutions, bodies, offices

and agencies would be

annexed to the resolution. The proposal for a regulation was drawn up by a

Working Group on Administrative Law set up by the Committee on Legal

Affairs and chaired by Ms Heidi Hautala MEP. The proposal, which has

already been considered in a public hearing of 28 January 2016 with the

participation of experts, representatives of stakeholders and high-ranking

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.

Procedure: 2015/2258(INI)

Basic document: UN CRPD

Committee Concluding

Observations on the initial

report of the European Union

Rapporteur: Heidi Hautala

Administrator: Francisco Ruiz-

Risueño

Preliminary Timetable

Adoption JURI: 23-24.05.2016

Adoption Lead Committee:

30.05.2016

Procedure: 2016/2610(RSP)

Legal basis: Rule 128

Rapporteur: Heidi Hautala

Administrator: Kjell Sevón

Preliminary Timetable

Adoption JURI: 21.04.2016

Adoption PLENARY: 9-12.05 2016

________________________________________________________________________________

7

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 legal-

linguistic 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

of even the simplest documents or submit certified copies of official records.

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.

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.

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.

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.

Procedure: 2013/0119(COD)

Basic doc: COM(2013)0228

Legal basis: Articles 21(2) and

114(1) TFEU

Rapporteur: Mady Delvaux-Stehres

Administrator: Alexander Keys

Preliminary Timetable

Plenary (1st reading): 04.02.2014

Confirmation vote after trilogues:

12.11.2015

Vote on legal basis opinion:

28.01.2016

Vote on the second reading

position in committee: 21.04.2016

_________________________________________________________________________________

8

PAST EVENTS

Hearing on 'The protection of vulnerable adults' - 14.3.2016

________________________________________________________________________________

9

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)

_________________________________________________________________________________

10

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 please go to:

http://www.europarl.europa.eu/committees/en/juri/events.html?id=20160315CHE00221

________________________________________________________________________________

11

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

from the dates shown below:

• Mr Morten LØKKEGAARD (to replace Ms Ulla TØRNÆS), as from 3 March

2016.

In accordance with Rule 3 of the Rules of Procedure, on the basis of a

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.

Legal basis: Rule 3 RoP

Rapporteur: Pavel Svoboda

Administrator: Andrea Scrimali

Preliminary Timetable

Exchange of views: 20-21.04.2016

Adoption JURI: 20-21.04.2016

_________________________________________________________________________________

12

SUBSCRIPTIONS WATCH LIVE: EP website or EuroparlTV

JURI Report: juri-secretariat@europarl.europa.eu Re-Watch: EP multimedia library

JURI Press Releases: lega-press@europarl.europa.eu

CREDITS & ACKNOWLEDGEMENTS

European Parliament - Committee on Legal Affairs

Head of Secretariat: Robert BRAY - Responsible Administrator: Alexander KEYS

Editorial/Production Assistant: Natalia EWIAKOVA

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)