Passe-Parole News - 5 areas where the EU is taking the lead
Passe-Parole is originally published by Dr. Fiona Murray, our partner at Passerelle Public Affairs
This is issue no. 12, 19th January 2021.
Welcome to this edition of Passe-Parole.
At issue...
2021 brings both hope and uncertainty. On the one hand, new anti-COVID vaccines bring hope for an end to the pandemic. On the other, there is still uncertainty over what kind of world we will live in when the pandemic finally ends. The EU is continuing its efforts to rebuild sustainably through its ‘green and digital’ transition work programme. The following are 5 areas where the EU is taking a global lead:
1
Rule of Law
The EU has adopted a Regulation which for the first time gives the European Commission power to freeze or cut EU funds to a Member State that is found to be in breach of the rule of law related to the management of those funds. The Regulation follows the publication last September of a first annual report on the rule of law in the Member States. A first rule of law conference is foreseen during the first half of 2021.
2
Democracy
Protection of rule of law is a key aim underpinning the new ambitious European Democracy Action Plan to promote free and fair elections, strengthen media freedom and counter disinformation. The package includes initiatives to protect journalists from strategic lawsuits against public participation (SLAPPs), proposed legal action on political advertising and an overhaul of the current EU Code of Practice on Disinformation.
3
Digital
Protection of democracy and fundamental rights are also at the heart of two new draft EU laws regulating online platforms. The overall aim of the draft legislation is to make illegal online what is illegal offline. The proposed Digital Services Act will introduce binding obligations for all online services including transparency on advertising, removal of illegal content and safeguards for users. The draft Digital Markets Act addresses large online platforms that act as ‘gatekeepers’ to the Single Market. The DMA prohibits a range of unfair practices and imposes sanctions of up to 10% of a company’s global turnover. Looking ahead, the Commission has promised draft legislation on trustworthy Artificial Intelligence early this year.
4
Sustainability
The European Green Deal (EGD) is the EU’s Action Plan to make European’s economy sustainable. COVID-19 has increased appetite and momentum for a sustainable recovery. Recent EGD initiatives include a European Climate Pact to mobilise citizens for climate change, an Offshore Renewable Energy Strategy, and a Chemicals Strategy for Sustainability. For more news, see our EGD blog, prepared with our partner AmpliaGroup. Forthcoming EU initiatives include a renewed Sustainable Finance Strategy and proposed legislation on mandatory due diligence by companies for human rights and environmental abuses in their supply chains (see below EJSF news).
5
New Transatlantic relationship?
The EU is keen to establish an early and comprehensive engagement with the new US Biden administration. A Joint European Commission/EU High Representative Communication sets out a range of priority areas including the fight against coronavirus, economic recovery, climate change, technology, trade, multilateralism and shared values including the promotion of democracy. Specific initiatives are called for such as an EU-US security and defence dialogue, an EU-US Trade and Technology Council, a transatlantic dialogue on the responsibility of online platforms and Big Tech, an agreement on AI and full participation of the EU in the US President-elect’s proposed Summit for Democracy.
European Justice Stakeholders Forum news
‘A global standard for Mandatory Due Diligence: EU leadership towards a more sustainable world’ was the theme of the 5th annual EJSF online plenary on 3rd December.
EU policymakers and representatives from companies, law firms, OECD and civil society addressed issues around civil liability and enforcement of the European Commission’s planned legislation on mandatory due diligence (MDD) expected during the first half of 2021.
In a keynote address, European Commissioner for Justice, Didier Reynders, said that the starting point for the new legislation is a level playing field for all companies, with special provision for SMEs.
The Commission’s head of unit responsible for the initiative, Maija Laurila, called on all interested stakeholders to respond to the Commission’s open public consultation on sustainable corporate governance including MDD and directors’ duties. The consultation closes 8th February 2021.
For more information, see www.ejsf.eu or email fiona@passerelle-pa.eu .
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.