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113/2017 : 26 October 2017 - Judgment of the Court of Justice in Case C-90/16

European Court of Justice (News) - Thu, 26/10/2017 - 10:31
The English Bridge Union
Taxation
Duplicate bridge is not a ‘sport’ for the purposes of the VAT Directive and cannot therefore be exempt as such

Categories: European Union

Highlights - Kosovo: AFET Chair welcomes implementation of the Justice agreement - Committee on Foreign Affairs

The Chair of the European Parliament’s Committee on Foreign Affairs David McAllister (EPP, DE) welcomes yesterday’s key development regarding the Justice Agreement between Serbia and Kosovo: “The integration of judges, prosecutors and administrative staff into the Kosovo judiciary marks the beginning of what I hope will be a successful implementation of the EU-facilitated agreement on the unified justice system which was reached in February 2015.
An integrated, fully operational and representative judiciary is fundamental to further strengthening the rule of law and to guarantee equal access to justice in Kosovo. The EU remains committed to all efforts to further normalise relations between Serbia and Kosovo."
Source : © European Union, 2017 - EP
Categories: European Union

2018 EU budget: Council cannot accept EP amendments

European Council - Wed, 25/10/2017 - 15:39

The Council has told the European Parliament that it cannot accept all of its amendments for the EU's general budget for 2018, voted on 25 October 2017.

This triggers a three-week conciliation process, starting on 31 October. Council and Parliament will have until 20 November to bridge their differences. 

Märt Kivine, deputy finance minister of Estonia, which currently holds the Council presidency, and chief negotiator for the 2018 budget said: "The presidency is looking for structured and constructive discussions while edging towards a reasonable and sustainable budget decision for 2018". 

The two institutions share the same priorities for 2018, namely to boost growth and job creation, strengthen security and address migration. In the Council's view, the main task will be to find an agreement on an adequate level of funding for these priorities. 

Background 

In its draft budget for 2018, the Commission proposed setting the total level of commitments at €160.6 billion and payments at €145.4 billion. 

The Council's position, adopted on 4 September, sets total commitments at €158.9 billion and total payments at €144.4 billion. 

The Parliament is asking for total commitments to be increased to €162.6 billion and total payments to €146.7 billion. This is €1.8 billion in commitments above the ceilings set by the EU's multiannual financial framework for 2014-2020. 

Next steps 

The conciliation committee will meet on 6 and 17 November. On the latter date, the Council will meet to provide guidance to the presidency for its talks with the Parliament. If no deal is reached by the end of the conciliation period on 20 November, the Commission will have to present a new draft budget.

Categories: European Union

First e-signing of an EU legislative act

European Council - Wed, 25/10/2017 - 11:20

The first electronic signing of an EU legislative act took place on Wednesday 25 October in the European Parliament in Strasbourg. EP President Antonio Tajani  and Matti Maasikas, of the Estonian Presidency of the Council, signed electronically the legally-binding texts of the revised regulation on "Security of gas supply", paving the way for its entry into force. 

This ceremony marks the first public step at the EU level of the e-signing process. It shows that the EU institutions are working together to make digital transformation a reality and to offer efficient and secure digital solutions in the public sphere.

It demonstrates the EU's commitment to implementing "eIDAS", the EU-wide regulation which provides for a predictable regulatory environment to enable secure and seamless electronic interactions between businesses, citizens and public authorities.

“I am happy that today we can sign such an important Regulation electronically. Estonia is at the forefront of the digitalization process. We should use the momentum of the Estonian Presidency to promote more digital solutions. The European Parliament in its report on e-government in May this year asked the EU institutions to set an example in the area of e-government. Today we are acting on our own call. This signature is a demonstration on how digital solutions can work in practice.” 

EP President Antonio Tajani

"I am convinced that this is the way we will soon sign all our legal acts, simply because it makes sense. E-signature saves paper, time and money."

Matti Maasikas, Estonian Presidency of the Council

The Estonian presidency of the Council, the General Secretariat of the Council and the European Parliament worked together to prepare the pilot solution for the electronic signature of this legislative act. Parliament and the Council Secretariat will continue work on developing the process. In Europe, a qualified e-signature has the same legal validity as a handwritten signature in conducting business, executing procedures or expressing a commitment.

Categories: European Union

EU-Cape Verde

Council lTV - Wed, 25/10/2017 - 11:10
https://tvnewsroom.consilium.europa.eu/uploads/council-images/thumbs/uploads/council-images/remote/http_c96321.r21.cf3.rackcdn.com/15327_169_full_129_97shar_c1.jpg

In December 2007 the Council approved the establishment of a special partnership with Cape Verde. The African island shares a number of strategic priorities with Europe and it is seeking increased cooperation with the EU.

Download this video here.

Categories: European Union

112/2017 : 25 October 2017 - Judgment of the Court of Justice in Case C-106/16

European Court of Justice (News) - Wed, 25/10/2017 - 10:16
POLBUD - WYKONAWSTWO
Freedom to provide services
Member States may not impose mandatory liquidation on companies that wish to transfer their registered office to another Member State

Categories: European Union

111/2017 : 25 October 2017 - Judgment of the Court of Justice in Case C-201/16

European Court of Justice (News) - Wed, 25/10/2017 - 10:15
Shiri
Area of Freedom, Security and Justice
An applicant for international protection can rely, before a court or tribunal, on the expiry of the period laid down for his removal to another Member State

Categories: European Union

110/2017 : 24 October 2017 - Opinion of the Advocate General in the case C-353/16

European Court of Justice (News) - Tue, 24/10/2017 - 10:21
MP
Area of Freedom, Security and Justice
According to Advocate General Bot, the lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection

Categories: European Union

109/2017 : 24 October 2017 - Opinions of the Advocate General in joined cases C-316/16, C-424/16

European Court of Justice (News) - Tue, 24/10/2017 - 10:09
B
Citizenship of the Union
According to Advocate General Szpunar, the acquisition of a right of permanent residence is a prerequisite of an EU citizen being able to qualify for enhanced protection against expulsion

Categories: European Union

Amendments 1 - 70 - Women, gender equality and climate justice - PE 612.163v01-00 - Committee on Foreign Affairs

AMENDMENTS 1 - 70 - Draft opinion Women, gender equality and climate justice
Committee on Foreign Affairs

Source : © European Union, 2017 - EP
Categories: European Union

Report by President Donald Tusk to the European Parliament on October European Council meetings and presentation of the Leaders' Agenda

European Council - Tue, 24/10/2017 - 08:53

Introductory remarks

As you know I am obsessed by unity. This obsession was with me during the last European Council but in fact it has been with me since the first days of my work in Brussels.

This is why I rejected the idea of removing Greece from the euro zone in 2015. And this is also why I pursued a common position of the EU vis a vis Russia during the conflict in Ukraine. For many months I was building agreement among the 27, in order to give Prime Minister Cameron arguments to stay in the EU, even though this meant that each of the 27 had to make a sacrifice. Unfortunately, this was not enough for the Brits. After Brexit, I worked towards creating unity of the 27 in the negotiations with the United Kingdom. We have shown also during last European Council that no-one can divide the 27 in these negotiations.

Striving for unity is also the main reason for creating the Leaders' Agenda. Last Friday all the leaders agreed that the priority for them is unity among 27. This was voiced in unison. On this most important issue to me, we reached full understanding right from the start. The Leaders' Agenda invalidated a dangerous assumption that together we can only stand still, and that we can only move forward when we divide. It is about reconciling dynamism and unity. About being ambitious and staying together at the same time. This of course does not rule out enhanced cooperation as the last resort, open to all, and in accordance with the Treaties.

My intention is to build on what connects, not on what divides. But it doesn't mean that we shouldn't stand up with courage to the issues that are - or could be - divisive, so that we can find common solutions to them. I will just mention migration, the EMU and Brexit.

When it comes to the migration crisis, I appealed from the very beginning to build Europe's response on what connects us: on the protection of our external borders. I did so often being aware that there are also ideas that put member states in a permanent conflict.

One such question is relocation, precisely speaking: the mandatory quotas. On this issue, consensus is as unlikely today as it was many months ago. But I do see a real chance of full agreement by June on matters like: 

  • protecting external borders,
  • decisive support for frontline countries, that is Italy, Greece, Spain, Bulgaria,
  • strategy vis-à-vis Africa and adequate support for international organisations helping refugees and migrants (UNHCR, IOM and World Food Programme),
  • European management over return and readmission policy,
  • as well as most of the elements of the Dublin reform.

If on these matters we are really effective, we will be close to a lasting solution to the migration crisis.

As regards EMU reform, following the publication of the Five Presidents' Report, no-one should have any doubts what we need to do. Everything is crystal clear. The problem is member states' conflicting interests. One of the first effects of the Leaders' Agenda is the agreement to find potential solutions in the nearest possible future despite these differences. I will do everything in my power to take the first very concrete steps, by June towards establishing the European Monetary Fund and strengthening the stability of the Banking Union. I still believe that this is possible. In June it will become clear if I am an incurable optimist. But one thing I can promise you today. If we don't reach agreement by June, I will say precisely why it wasn't possible, and who is responsible.

As for the Brexit negotiations, we have managed to build and maintain unity among the 27. But ahead of us is still the toughest stress test. If we fail it, the negotiations will end in our defeat. We must keep our unity regardless of the direction of the talks. The EU will be able to rise to every scenario as long as we are not divided. It is in fact up to London how this will end: with a good deal, no deal or no Brexit. But in each of these scenarios we will protect our common interest only by being together.

We continue to look for the best way towards a Europe that is united, solidary and sovereign. Our quest must be accompanied by a constant and profound reflection on the essence of our community. I would like to say a few words on three of its dimensions.

First of all. We are a territorial community, which means that we have a common territory and common external borders. Our duty is to protect them. The migration crisis has made us aware, with full force, of the need to rebuild effective control of our external borders, while the aggressive behaviour of certain third countries, and the destabilisation around Europe, has made us aware of the need to defend our territory. For this reason we want to launch PESCO (Permanent Structured Cooperation on defence) by the end of this year. In order to protect our external borders, we must build a model of durable and efficient financing on a bigger scale than ever before. It should become a part of our discussions on the future MFF.

Secondly. We are a cultural community, which doesn't mean that we are better or worse - we are simply different from the outside world. Our openness and tolerance cannot mean walking away from protecting our heritage. We have the right and obligation to care for what distinguishes us from other cultures - not in order to be against someone, but to be ourselves. Without a feeling of superiority, but with a feeling of justified pride. I remember a great hashtag by one of your leaders, which said: I am European and I am proud. This is why the first point on the Leaders' Agenda for our meeting in Gothenburg in November is culture and education.

Thirdly. We are a political community. It is high time we renewed our vows in the name of our political values enshrined in article 2 of the Treaty on the European Union. Let me quote: The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

I would like to remind all those in power, all the member states, that by signing the treaty, you have also signed this article. So either you respect it, or you clearly say you reject it, with all the consequences of this fact.

Finally, I would like to refer to an issue it would be hard to avoid being here in Strasbourg, namely the future composition of the European Parliament. For this topic, I have planned a special European Council in February next year. As you know, we must deal with this matter because of Brexit as well as the changing demography. I take all the proposals seriously that have surfaced in this debate, they are all interesting and pro-European ideas. I personally believe that the most natural solution would be to adopt a simple rule: fewer countries, fewer mandates. It is not only pragmatic and logical, but also what is expected by public opinion. Of course, such a solution in no way invalidates the idea of transnational lists. I am aware that this will be our common decision, since the Parliament will be proposing and co-deciding on this matter. This is why I would like you to take such a possibility into account.

When I was here in March this year you may remember that I recalled a proverb: If you want to go fast, go alone. If you want to go far, go together. Today I feel we have a real chance to go together, far and faster. Thank you. 

Concluding remarks

I just would like to clarify a few misunderstandings. The Leaders' Agenda is not an alternative version of the State of the Union address, it is a plan on how to organise the works of the European Council in the next 2 years.

The Leaders' Agenda is not about changing the community method, it is an attempt to speed up decision processes within the framework of binding rules, with respect for the competences of all institutions, which also means the respect for the competencies of the European Council.

According to the Treaty, when it comes to the composition of the European Parliament we must work out a common solution, this house and the European Council. It is not our pleasure or ambition, it is our formal obligation. And I am the last one who would like to violate the Treaty and our rules.

And by the way, the composition of the European Parliament is not going to be the only topic of the extraordinary European Council in February. We will also deal with the MFF. Personally I consider the MFF to be an even more important part of our meeting in February.

As for the Spitzenkandidat. It was not the European Council that was the weak link in 2014. Jean-Claude Juncker was elected with 26 votes against 2 votes in the European Council, while in the Parliament he got 422 votes out of 729 votes, so it is easy to imagine the situation that it will be more difficult for the winning Spitzenkandidat to win sufficient support in the new European Parliament than in the European Council. 

Categories: European Union

Posting of workers: Council reaches agreement

European Council - Mon, 23/10/2017 - 16:04

The Council reached an agreement on its position (general approach) on the posting of workers directive. The new proposal revises certain elements of the original 1996 directive. 

The President of the Council, Jevgeni Ossinovski, Minister for Health and Labour of Estonia, stated:“I am happy that the Council agreed its position on such an important and sensitive issue. And I'm especially glad that after long negotiations, there was broad support for our compromise. The final text strikes a delicate balance. On one hand, it is essential to ensure that our workers are treated fairly. People who do the same job at the same place should also have the same working and wage conditions. On the other, we must not create unnecessary obstacles to the free movement of services - for example in the transport sector that is mobile by nature.“ 

The aim of the directive is to facilitate the provision of services across the EU whilst respecting fair competition as well as the rights of workers who are employed in one member state and sent by their employer to work temporarily in another (posted workers). The directive will ensure fair remuneration and a level playing field between posting and local companies in the host country. 

The new directive provides for:

  • remuneration of posted workers in accordance with host member state law and practices
  • long-term posting of 12 months that can be extended to 6 months (18 months in total) on the basis of a motivated notification by the service provider
  • application of universally applicable collective agreements to posted workers across all sectors
  • equal treatment of temporary agency workers and local workers
  • as regards the transport sector, the provisions of the amending directive will apply from the date of entry into force of the forthcoming sector-specific legislation
  • 3 years transposition period plus 1 more year before the application of the directive.

All rules on remuneration which apply to local workers will also have to apply to posted workers. Remuneration will not only include the minimum rates of pay, but also other elements such as bonuses or allowances. 

The Platform against undeclared work will be used to fight fraud and abuses and to improve the exchange of information and administrative cooperation between member states. 

Background 

The revision of the 1996 directive was needed in order to adapt the legislation to new economic and labour market conditions, and to codify the case law of the European Court of Justice. This will improve the clarity of EU legislation. 

The revised directive focuses on issues covered by the EU regulatory framework established by the original 1996 directive. The revised posting of workers directive and the enforcement directive therefore complement each other and are mutually reinforcing. 

Posting of workers involved 1.9 million European workers in 2014. Although it represents only 0.7% of total EU employment, the posting of workers supports the cross-border provision of services across the Internal Market, particularly in the construction and some personal and business services sectors. Under existing rules, posting companies need to comply with a core set of employment rights of the host country, including minimum rates of pay. 

What's next

With this agreement the Council can start negotiations with the European Parliament.

Categories: European Union

Letter of congratulations from Presidents Tusk and Juncker to Shinzō Abe on his reconfirmation as Prime Minister of Japan

European Council - Mon, 23/10/2017 - 15:02

We would like to warmly congratulate you on winning this Sunday's general elections. Your reconfirmation as Prime Minister gives you a strong mandate to accelerate an ambitious reform agenda and will allow us to further deepen the close personal relationship that we have developed.

We look forward to continuing our successful cooperation with you and to take forward our common agenda for free and fair trade and a rules-based international order. Following the EU-Japan summit held in July this year, we are finalising the negotiations of the Strategic Partnership Agreement and the Economic Partnership Agreement and we trust that very soon we can reap the benefits of these agreements. We should aim to conclude the negotiations by December. As strategic partners we have a responsibility to enhance our bilateral security partnership, as well as to cooperate closely on the manifold shared challenges in our regions, and in particular on the Korean peninsula.

We look forward to meeting you soon and wish you and your government every success for the future. 

Categories: European Union

Pillar of Social Rights: Council gives green light for proclamation by the institutions

European Council - Mon, 23/10/2017 - 09:49

Today in Luxembourg, EU Employment and Social Policy ministers agreed unanimously on the text of the Proclamation of the European Pillar of Social Rights and gave the authorisation to sign it on behalf of the member states at the Gothenburg Summit.   

The President of the Council, Jevgeni Ossinovski, Minister for Health and Labour of Estonia, said: “The ministers were unanimous in their support for the Social Pillar. We all recognise that in the face of globalisation, digitalisation and the changing nature of work, our social systems need to change but remain robust. The proclamation summarises what Europe believes in and what makes it unique: a continent of equality, fairness and support for the vulnerable.”   

The Pillar is a political commitment and provides guidance to the member states and the EU institutions; it aims at strengthening the social acquis and delivering more effective rights to citizens. It focuses on employment and social aspects and at making the European social model fit for the challenges of the 21st century. The objective of the Pillar is to contribute to social progress by supporting fair and well-functioning labour markets and welfare systems. 

It sets out 20 principles and rights, divided into three categories:

  • equal opportunities and access to the labour market
  • dynamic labour markets and fair working conditions
  • public support /social protection and inclusion. 

The proclamation covers for instance policy domains such as housing, education, social and health care and employment. 

Next steps

The European Pillar of Social Rights will be proclaimed jointly by the European Parliament, the Council and the Commission. Since there is consensus between the three Institutions on the joint text, the proclamation will be signed by the three institutions during the Summit for fair jobs and growth in Gothenburg on 17 November.

Categories: European Union

Can Britain stop Brexit?

Ideas on Europe Blog - Sat, 21/10/2017 - 14:05
Video of my recent talk, ‘Can Britain stop Brexit?’

Click here to view the embedded video.

The post Can Britain stop Brexit? appeared first on Ideas on Europe.

Categories: European Union

2017 Princess of Asturias Award

Council lTV - Fri, 20/10/2017 - 19:57
https://tvnewsroom.consilium.europa.eu/uploads/council-images/thumbs/uploads/council-images/remote/http_7e18a1c646f5450b9d6d-a75424f262e53e74f9539145894f4378.r8.cf3.rackcdn.com/3d26c206-b5bc-11e7-90da-bc764e093073_12.98_thumb_169_1508524103_1508524102_129_97shar_c1.jpg

Princess of Asturias Foundation convenes the Princess of Asturias Awards, which are presented at an academic ceremony held each year in Oviedo, capital of the Principality of Asturias. The Foundation’s aims are to contribute to extolling and promoting those scientific, cultural and humanistic values that form part of the universal heritage of humanity and to consolidate the existing links between the Principality of Asturias and the title traditionally held by the heirs to the Crown of Spain.

Download this video here.

Categories: European Union

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