eSignature Lawfulness for Employee Reference Request in European Union

How to eSign a document: e-signature lawfulness for Employee Reference Request in European Union

Maybe you already know that the EU is founded on some fundamental values common to all Member States. Human dignity, freedom, democracy, the rule of law, equality and respect for fundamental rights, including those of minorities. For the EU to work, these values must be respected by all Member States. But that isn't always the case. For instance, there are countries where LGBTQI rights and women's rights are not respected. Where journalists cannot inform citizens freely. Where prisoners and refugees are not treated with dignity. Where judges face disciplinary proceedings for their judgments. Such situations go against the EU's values and the EU Charter of Fundamental Rights. So how can the EU respond to such violations when they occur? Through three types of mechanisms. Firstly, the EU can use monitoring tools. These give the EU an overview of the respect Member States show for its common values. They allow the EU to see if any States are deviating from them. There are three main tools that allow EU institutions to monitor the state of affairs with regard to the EU's common values. The Justice Scoreboard measures the independence, quality and efficiency of Member States' justice systems. The European Semester monitors economic policies, including Member States' budget plans and rule of law-related issues, notably in the area of justice and the fight against corruption. Lastly, there is the Commission's annual Rule of Law Report. It analyses the situation in all 27 Member States regarding the independence of the judiciary, corruption, media pluralism and respect for checks and balances. But what if a country violates one or more of the EU's common values? In that case, the EU can resort to prevention or enforcement mechanisms, including the procedures described in the Treaty on European Union. Article 7 includes two mechanisms that protect EU values. One is preventive, the other operates through sanctions. But how do they work? The preventive arm of Article 7 may be triggered if EU values are at serious risk in a Member State. It allows the Council of the EU, with Parliament's consent, to send the Member State recommendations, in the hope that it follows them. But what happens if the Member State doesn't follow these recommendations? Enforcement mechanisms may be used in such a case. Under the sanctioning arm of Article 7, the Council of the EU can impose sanctions on that Member State. This includes the possible suspension of its Council voting rights. However, this option has yet to be applied. Other enforcement tools can be used when Member States breach EU values, including infringement procedures and preliminary references. If an infringement procedure is triggered, the Commission can take a State to the European Court of Justice in Luxembourg. Then what? If the Court finds that the Member State is violating EU law and refuses to comply, it can impose financial sanctions at the Commission's request. When national courts have doubts concerning the validity or the interpretation of EU law, they can bring preliminary references to the European Court of Justice. The answer provided is legally binding. EU institutions recently adopted a new mechanism providing for 'budgetary conditionality'. This new tool may entail the suspension, or even the withdrawal, of EU funds from Member States. But there's more. Parliament has proposed to strengthen current mechanisms through an EU Pact on Democracy, the Rule of Law and Fundamental Rights. If adopted, the European Commission, the Council and Parliament would be involved in an annual monitoring cycle that would cover all Member States and EU values. This will help provide a better picture of the situation across the EU, and of the measures needed to address any shortcomings. But this is all still a work in progress. See our latest publication to learn more.