EU Biweekly Newsletter
Every two weeks our partner in Brussels, Passerelle Public Affairs, publishes its brief highlighting 5 EU developments impacting the legal sector and creating opportunities to make a difference with EU lawmakers.
Have a look:
Brief on EU developments with impact for the legal sector
COVID-19 continues to pose legal challenges and to impact the EU’s ‘recovery agenda’. The following policy developments create opportunities to make a difference with EU lawmakers: sustainable recovery consultations in food, trade and finance; EU trade and competition reviews; future regulation of digital services including a proposed new competition tool; disinformation and protection of fundamental rights; a new Action Plan to tackle money laundering and terrorist financing. We also bring you European Justice Stakeholders’ Forum news.
1 )) Sustainable recovery - food, trade & finance
On 27th May, the European Commission (EC) presented a major budget proposal to help kick-start the economy and the roll out of the EU recovery programme for a ‘more sustainable, resilient and fairer Europe for the next generation’. Called ‘Next Generation EU’, this proposal – which has to be approved by EU Member States – will reinforce the long-term EU budget for 2021-2027, bringing the total EU budget to €1.85 trillion.
Meanwhile, the EC is pressing on with its twin green and digital transitions which are at the core of the recovery plan. On 20th May the EC launched two new strategies on Biodiversity and on a sustainable Food system. In the finance sector, the Commission has launched a public consultation on a renewed Sustainable Finance Strategy. The aim is to ensure that financial systems can properly support the transition of business towards sustainability, particularly in the area of sustainable investments. The European Retail Financial Forum (ERFF), managed by Passerelle, is organising an online workshop on the 1st July with EU policymakers, consumers and business on ‘Sustainable Finance: the road to recovery from COVID-19 for consumers & business’. For more information please contact us: info@erff.eu
Together with our global partner Amplia Group, Passerelle is hosting free online scoping sessions on the opportunities for sustainable businesses interested in engaging with the EU as part of the global recovery process. For more information, see our recent EGD blogs.
2 )) Trade review & foreign subsidies
In June, the EC launched a public consultation (until 15th September) on a comprehensive review of EU trade policy. Topics include WTO reform and how to maximise the contribution of trade policy to addressing key global challenges including climate change and sustainable development. Addressing the OECD Global Forum on Responsible Business Conduct on 19th June, EC Trade Commissioner, Phil Hogan, included EU regulation on conflict minerals and planned new EU legislation 2021 on mandatory due diligence as important elements in the trade review.
Also on trade, the EC has published a White Paper on the distortive effects to the Single Market caused by subsidies granted by non-EU governments. Subsidies which facilitate the acquisition of EU companies or which distort investment or bidding in public procurement may create unfair advantages to the detriment of non-subsidised companies. The paper and accompanying consultation (until 23rd September) seek to address and find solutions to these regulatory gaps. On the basis of input received, the EC will present draft legislation during 2021.
3 )) A new rule book for digital services
Two new public consultations concerning digital platforms were launched by the European Commission on 2nd June: the first seeks views on a future modern rule book for digital services and addresses issues such as safety online, freedom of expression and a level playing field in the digital economy. A related second consultation covers possible ex-anteregulation of digital platforms as gatekeepers between businesses and consumers. Both consultations are open until 8th September, on the basis of which the EC will present draft legislation before the end of the year.
4 )) Disinformation & balancing rights in the time of COVID-19
Online platforms are also the focus of a joint Communication to tackle disinformation during COVID-19, presented on 10th June by the European Commission and EU High Representative. The Communication addresses the proliferation of disinformation during COVID-19 and issues such as illegal hate speech and threats to security and democracy. Platforms are asked to submit monthly reports on their initiatives to address COVID-19 related disinformation. At the same time, the Communication seeks to protect fundamental rights such as freedom of expression and the important role of the media in exposing disinformation and protecting fundamental rights. Work conducted under the Communication will feed into future EC initiatives including a new Digital Services Act, and an Action Plan on European Democracy including media pluralism.
5 )) Action Plan to prevent money laundering and terrorist financing
The EC has presented an all-embracing new Action Plan which aims to close any remaining loopholes in existing EU anti-money laundering and counter terrorist financing rules. The Plan includes proposed legislation to create a single EU rule book on areas to be regulated at EU level and to create a new EU AML supervisory body. Other proposals include a stronger role for the EU in reinforcing and raising international standards, including in cooperation with the FATF, plus a ‘refined’ methodology for identifying high-risk non EU countries. A public consultation accompanying the Action Plan is open until 29thJuly. Based on the feedback received, the EC intends to propose legislation in 2021.
European Justice Stakeholders Forum news
COVID-19 continues to present many challenges to rule of law and fundamental rights. Responsible Business Conduct (RBC) is to be a major focus of the EU’s recovery plan. European Justice Commissioner, Didier Reynders, has promised new legislation in 2021 imposing mandatory due diligence in relation to social and environmental impacts both within companies’ operations and through their supply chains. This follows the publication of a study, mandated by the European Commission. Addressing the OECD’s Global Forum on RBC, European Trade Commissioner Phil Hogan confirmed that the EU will also focus on specific sector challenges such as child labour and deforestation. In addition, the Commission has launched a consultation to review the reporting obligations of businesses under the Non-Financial Reporting Directive with a view to better integrating environmental and biodiversity criteria.
The 5th annual EJSF plenary is currently scheduled to take place in November this year – topic to be confirmed but is likely to be COVID-19 related.
The European Justice Stakeholders Forum (EJSF) is a high level platform for funded projects, events and campaigns between the legal profession and the EU law and policy makers on major challenges facing the justice sector, the legal profession and the rule of law.
... in closing
“…For my generation, Europe is freedom and rule of law…. and for my children, Europe is the future and open mindedness, this is what I'm fighting for.” Ursula von der Leyen, European Commission President on the occasion of Europe Day, 9 May 2020
Passerelle is a Brussels-based EU affairs consultancy. We help legal practitioners and professionals, law firms and legal associations to engage constructively with the EU institutions on issues relevant for the profession, thus building lasting and trusted partnerships, influence and reputation in Europe. We are founders of and manage the European Justice Stakeholders Forum.