ZEI Monitor: EU Progress 2014-2019
ZEI follows policy progress in the ten areas which have priority for EU institutions over the period 2014-2019:
Commission Priority: Justice and Fundamental Rights
Objectives
Making it easier for citizens and companies in the EU to defend their rights outside their home country, by improving mutual recognition of judgments by courts across the EU
Cracking down on organised crime, such as human trafficking, smuggling and cybercrime and tackling corruption
Concluding the accession of the EU to the Council of Europe's Convention of Human Rights
Obtaining guarantees that US government agencies and companies adequately protect EU citizens' personal data
Pushing for an EU-wide law against discrimination
European Commission Work Program:
2019
Further Strengthening the Rule of Law Framework
On the 17th of July 2019, the European Commission published a Communication that proposes to set up a Rule of Law Review Cycle, including an annual Rule of Law Report covering all EU member states. This additional system will assist early detection of emerging rule of law problems wherever they appear. For an effective common response to rule of law breaches, the Commission pledges to make full use of its enforcement powers, if early detection and prevention measures are not effective. (press release) | |
Completing the Security Union
On the 27th of June 2019, the Regulation on the European Union Agency for Cybersecurity (ENISA) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) will come into effect. ENISA shall carry out the tasks assigned to it under this Regulation for the purpose of achieving a high common level of cybersecurity across the Union, including by actively supporting member states, Union institutions, bodies, offices and agencies in improving cybersecurity. NISA shall carry out the tasks assigned to it by Union legal acts that set out measures for approximating member state laws, regulations and administrative provisions which are related to cybersecurity. Plus, ENISA shall develop its own resources, including technical and human capabilities and skills, necessary to perform the tasks assigned to it under this Regulation. The Regulation is based on a Commission proposal from the 13th of September 2017. |
2018
0 | Completing the Security Union
On the 28th of November 2018, three pieces of legislation on the Schengen Information System (SIS) came into effect. They are based on Commission proposals from the 21st of December 2016. 1. Regulation on the establishment, operation and use of the SIS in police and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation(EC) No 1986/2006. 2. Regulation on the establishment, operation and use of the SIS in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 3. Regulation on the use of the SIS for the return of illegally staying third-country nationals
On the 14th of November 2018, the Regulation on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) came into effect, amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011. The adopted regulation is based on a Commission proposal from the 29th of June 2017.
In autumn 2018, three pieces of anti-money laundering legislation came into effect; 1. on the 14th of November 2018, the Regulation on the mutual recognition of freezing orders and confiscation orders, which is based on a Commission proposal from the 21st of December 2016. 2./3. on the 23rd of October 2018, the Regulation on combating money laundering by criminal law and the Regulation on controls on cash entering or leaving the Union repealing Regulation (EC) No 1889/2005.
On the 12th of September 2018, the Regulation establishing a European Travel Information and Authorisation System (ETIAS) came into effect.
On the 12th of September 2018, the European Commission proposed a Regulation on Preventing the Dissemination of Terrorist Content Online. it proposes to a legally binding one-hour deadline for content to be removed following a removal order from a national competent authority. (More)
On the 13th of June 2018, the European Commission issued two legislative proposals to increase the EU's strategic autonomy, bolster the EU's ability to protect its citizens and make the EU a stronger global actor. The Commission proposed an overall increase in the total current security funding from 3.5 billion to 4.8 billion euro consisting of: 2.5 billion euro on a reinforced Internal Security Fund (ISF); almost 1.2 billion euro on the safer decommissioning of nuclear actitivies in some member states and 1.1 billion euro for stronger EU security agencies such as Europol. (press release) 1. Internal security: The Proposal for a Regulation on a reinforced Internal Security Fund (ISF) - the key financial instrument to support member states in the area of security - suggests to increase its funding from 1 billion euro to 2.5 billion euro. 2. Defence: a Proposal for a Regulation on a European Defence Fund worth a 13 billion euro to provide financial firepower for cross-border investments in encrypted software and drone technology and other technology. (press release)
On the 30th of May 2018, the so-called the AMLD5-Directive on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (AMLD5) came into effect. The original Commission Proposal is from the 5th of July 2016.
On the 17th of April 2018, the European Commission also proposed new rules to make it easier and faster for the police and the judicial authorities to obtain the needed electronic evidence (such as emails or documents saved on a cloud) for investigating, prosecuting and convicting criminals and terrorists (press release). The legislative proposals include: 1. a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and 2. a Directive on harmonised rules on the appointment of legal representatives of online service providers for the purpose of gathering evidence in criminal proceedings.
On the 17th of April 2018, the European Commission - six months after the anti-terrorism package of October 2017 - proposed the following legislative measures: (press release) 1. a Regulation for improved security features of identity cards of Union citizens and of residence documents issued to Union citizens and their family members to curb document fraud; 2. a Directive to cutt off terrorist financing and 3. a Regulation on the marketing and use of explosives precursors.
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EU Civil Protection Mechanism | |
Task Extension: the new European Public Prosecutor's Office For more information on the legal basis of the European Public Prosecutor Office (EPPO), check out the ZEI Monitor for October 2017 below.
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Initiative to strengthen the enforcement of the rule of law in the European Union
On the 2nd of May 2018, the European Commission put forward a proposal for the EU budget between 2021 and 2027 to protect the EU's funding from rule of law deficiencies. To achieve this, the Commission issued a Regulation Proposal for a new Mechanism to shield the EU's budget from financial risks linked to generalised deficiencies regarding the rule of law in member states such as Poland and Hungary. The new proposed tools would allow the Union to suspend, reduce or restrict access to EU funding in a manner proportionate to the nature, gravity and scope of the rule of law deficiencies. Such a decision would be proposed by the Commission and adopted by the Council through reverse qualified majority voting (RQMV). (More) | |
Data Protection Package (continued from 2017)
On the 23rd of October 2018, the Regulation on the Protection of Personal Data by EU institutions with regard to the processing of personal data of natural persons by the Union institutions, bodies, offices and agencies and on the free movement of such data came into effect, repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC. The adopted Regulation (EU) 2018/1725 is based on a Commission proposal from the 10th of January 2017. |
2017
0 | Data Protection Package
1. the Proposal for a Regulation for the protection of children in cross-border parental responsibility disputes (Brussels IIa regulation) 2. agreed on a Code of Conduct on countering illegal hate speech online with Facebook, Twitter, YouTube and Microsoft; 3. the final adoption of the General Data Protection Regulation (GDPR) on the 27th of April 2016, which established one single set of rules giving people easier access to their own personal data, a right to data portability, a clarified “right to be forgotten”, and certain rights in case of a data breach. 4. the Commission Implementing Decision on the EU - U.S Privacy Shield on the 12th of July 2016 to better protect Europeans' personal data when it is transferred to the U.S. (More)
On the 10th of January 2017, the European Commission proposed new legislation to ensure stronger privacy in electronic communications, while opening up new business opportunities. (press release) 1. a Proposal for a Regulation on Privacy and Electronic Communications 2. a Proposal for a Regulation on the Protection of Personal Data by EU Institutions and Bodies |
Progress towards and effective and genuine Security Union
On the 12th of December 2017, the European Commission tabled two legislative proposals to close existing information gaps between security, border and migration authorities. (press release) First, a Proposal for a Regulation establishing a framework for interoperability between EU information systems in police and judicial cooperation, asylum and migration. Second, a Proposal for a Regulation on establishing a framework for interoperability between EU information systems with regard to borders and visa.
Two Action Plans: 1. the Action Plan to support the protection of public spaces 2. the Action Plan to enhance preparedness against chemical, biological, radiological and nuclear security risks Three non-legislative proposals for Council Decisions: 1. on the conclusion, on behalf of the European Union, of the Council of Europe 2. on the conclusion, on behalf of the European Union, of the Additional Protocol 3. authorising the opening of negotiations on an Agreement between the European Union
On the 12th of October 2017, the Council Regulation (EU) 2017/1939 implementing the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) went into force. The EPPO shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the financial interests of the Union which are provided for in Directive (EU) 2017/1371 and determined by this Regulation. In that respect, the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the member states, until the case has been finally disposed of. The Regulation is based on a legislative proposal by the Barroso Commission from the 17th of July 2013.
On the 13th of July 2017, the European Commission proposed a Regulation on the Import of Cultural Goods to establish new rules for restricting the illegal import and trafficking of cultural goods from outside the EU, often linked to terrorist financing and other criminal activity. The Regulation marks one of the final steps set out in the Commission's Action Plan against terrorist financing on the 2nd of February 2016. (More)
In an attempt to deliver on its commitment to ensure interoperability and address the existing shortcomings of EU information systems for security and border management, the European Commission on the 29th of June 2017 put forward two legislative proposals: (press release) 1. a Regulation to strengthen the mandate of eu-LISA (the EU Agency for the operational management of large scale IT systems), enabling it to develop and roll-out the technical solutions to make the EU information systems interoperable. 2. a Regulation for establishing a centralised system for the identification of member states holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system).
On the 26th of June 2017, the Fourth Anti-Money Laundering Directive entered into force. Until the 26th of June, EU member states had to transpose the Directive into national law. This legislation goes back to a Proposal by the Barroso Commission from the 5th of February 2013. (More)
Until the 22th May 2017, EU member states had to transpose the Directive on the "European Investigation Order in Criminal Matters" (EIO) into national law. The EIO aims to accelerate cross-border criminal investigations. For instance, if French judicial authorities are tracking terrorists hidden in Belgium, they can ask their Belgian counterparts to interrogate witnesses or conduct house searches on their behalf. The EIO-Directive goes back to a proposal in April 2010 by a group of seven EU member states: Austria, Bulgaria, Belgium, Estonia, Slovenia, Spain and Sweden. (More)
On the 17th of May 2017, the Directive on Control of the Acquisition and Possession of Weapons (amending Council Directive 91/477/EEC) came into effect. The Directive goes back to a legislative proposal by the European Commission presented on the 18th of November 2015.
On the 1st of May 2017, the Regulation on Europol (European Union Agency for Law Enforcement Cooperation) came into effect. It goes back to a legislative proposal issued by the Barroso Commission on the 27th of March 2013.
On the 20th of April 2017, the Directive on Combating Terrorism came into force. It goes back to a proposal by the European Commission on the 2nd of December 2015 (see ZEI Monitor 2015). |
2016
Implementation of European Agenda on Security
On the 21st of December 2016, the European Commission put forward three legislative proposals to reinforce the SIS for fighting terrorist activities and cross-border crime. (press release) The legislative propsals on the establishment, operation and use of the SIS include: 1. a Regulation on police cooperation and judicial cooperation; 2. a Regulation on border checks; 3. a Regulation on the use of the SIS for the return of illegally staying third country nationals
On the 21st of December 2016 the European Commission proposed a package of legislative measures to strengthen the EU's capacity to fight the financing of terrorism and organised crime, delivering on the commitments made in the Action Plan against terrorist financing on the 2nd of February 2016. (press release) The legislative proposals include: 1. a Directive on countering money laundering by criminal law 2. a Regulation on controls on cash entering or leaving the Union 3. a Regulation on the mutual recognition of freezing and confiscation orders
On the 16th of November 2016, the European Commission put forward a Proposal for a Regulation on the establishment of the ETIAS to strengthen security checks on visa-free travellers. Nationals of visa liberalisation countries will still be able to travel without a visa but will have to obtain a simple travel authorisation prior to their travel to the Schengen Area. ETIAS is meant to be a first deliverable of the priorities for action identified in the Bratislava Roadmap. (More)
On the 14th of September 2016, the Regulation on the European Border and Coast Guard Agency (Frontex) came into effect. It goes back to the European Commission's Proposal for a Regulation on the 15th of December 2015. The new Regulation expands the tasks of the former European Agency for the Management of Operational Cooperation at the external borders of the EU's member states. To reflect those changes, the agency is renamed "European Border and Coast Guard Agency" and continues to be referred to as Frontex while remaining the same legal person.
On the 7th of September 2016 the European Commission put forward a Proposal for a Regulation on the establishment of a single EU certification system for aviation security screening equipment to enhance the competitiveness of the EU security industry as set out on the 20th of April 2016. The introduction of an EU certificate will allow security equipment approved in one member state to also be put on the market in other member states. (More)
On the 5th of July 2016, the European Commission presented its Proposal on the AMLD5-Directive (prevention of the use of the financial system for the purposes of money laundering or terrorist financing)
1. Countering terrorist propaganda and illegal hate speech online
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2015
EU Accession to the European Convention on Human Rights | |
A European Security Agenda 2015-2020
On the 15th of December 2015, the European Commission issued a Proposal for a Regulation on the establishment of a "European Border and Coast Guard Agency", thereby expanding the mandate of Frontex. (More)
On the 7th of December 2015, the European Commission presented a Proposal for a Regulation on the establishment of a European Union Aviation Safety Agency defining common rules in the field of civil aviation.
On the 2nd of December 2015, the European Commission proposed a package of measures to step up the fight against terrorism and the illegal trafficking of firearms and explosives. (Press release) The package includes two main measures:
On the 18th of November 2015, the European Commission presented two measures to restrict the acquisition and possession of weapons following the terrorist attacks in Paris on the 13th of November 2015: (Press release) 1. It issued a Proposal for a Directive on Control of the Acquisition and Possession of Weapons, amending Council Directive 91/477/EEC. 2. It formally adopted a Commission Implementing Regulation on common minimum standards for the deactivation of firearms following a positive vote on the draft Regulation by EU member states in a comitology committee on the 18th of November 2016. The minimum standards are based on the criteria for deactivation developed by the Permanent International Commission for the Proof of Small Arms (the CIP).
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ZEI Insights
![]() | Cybersecurity at EU and national level – the expansion of economic policy by Jan-David Blaese No. 65 June 2019 (Download) |
![]() | Securing the Ever-Closer Union: Supranational Policy Entrepreneurship in Counter-Terrorism and Implications for the European Arrest Warrant by Patrick Tonissen No. 59 October 2018 (Download) |
![]() | Integrating the Western Balkans: the Rule of Law Challenge by Dr. Taulant Hasa No. 53 April 2018 (Download) |
![]() | A new direction in the EU’s fight against terrorism? by Katharina Boldt No.34 January 2016 (Download) |
![]() | The European Agenda on Security: Protection of what? A literature review by Matthias Vogl No.28 August 2015 (Download) |
![]() | Survey of recent developments and academic discussion: Justice and Fundamental Rights by Prof Henri de Waele No. 7 December 2014 (Download) |
Jurisprudential Publications on the Security Union
Christian Koenig: "Der Gesetzesentwurf zur Umsetzung der Vierten EU-Geldwäscherichtlinie in Bezug auf grenzüberschreitende Glücksspieldienstleistungen Das Herkunftslandprinzip und seine praktische Überwachungswirksamkeit", Zeitschrift für Wett- und Glücksspielrecht, 3/4 2017, p. 214-221 (Link)