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European Parliament milestone vote for rights of #BlackPeopleInEurope

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On 26 March the European Parliament adopted a Resolution on the fundamental rights of people of African descent in Europe. This is the first time that the European Parliament publicly recognizes the specific racism and fundamental rights issues facing people of African descent in Europe.

There is broad evidence showing the prevalence of Black people’s experiences of racism and discrimination, both from the European Union Fundamental Rights Agency and the European Network Against Racism. The adoption of this Resolution is an important milestone towards addressing structural racism experienced by Black people in Europe.

“This vote is a historic watershed moment for the recognition of people of African descent in Europe,” said Amel Yacef, chairman of the European Network Against Racism. “The European Parliament is leading the way and sending a signal to EU Member States to tackle structural racism that prevents black people from being included in European society. The ball is now in their court: we need concrete action plans and specific measures now.”

The resolution calls for concrete action from European Union institutions and member states. For instance, the European Commission should develop an EU framework for national strategies for the inclusion of people of African descent, and member states should adopt national anti-racism strategies that include measures to advance racial equality for black people.

It also urges member states to officially acknowledge and mark histories of people of African descent in Europe - including of past and ongoing injustices and crimes against humanity, such as slavery, or committed under European colonialism, but also the vast achievements and positive contributions of people of African descent.

The Resolution covers issues such as the rise in racist crime and speech, lack of equality data collection, histories of injustices against people of African descent, police violence and racial profiling, underrepresentation of people of African descent in politics, racial discrimination in employment, housing and education, structural inequalities in all areas of public life, racial stereotypes such as blackfacing, specific vulnerability of black migrants, LGBTI people, women, those with disabilities.

  1. The Resolution was adopted by the European Parliament by 535 votes. It is available here. 
  2. The European Network Against Racism (ENAR aisbl) stands against racism and discrimination and advocates equality and solidarity for all in Europe. It connect local and national anti-racist NGOs throughout Europe and voice the concerns of ethnic and religious minorities in European and national policy debates.

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Appeal judges refuse extradition of top Romanian businessman who suffered 'flagrantly unfair' trial

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An order for the extradition of Gabriel Popoviciu (pictured), a high-profile Romanian businessman, from the UK to Romania has been quashed. The High Court in London described Popoviciu’s case as “extraordinary”, writes Martin Banks.

The Court found that there was credible evidence to show that the trial judge who convicted Popoviciu in Romania - whilst holding judicial office, and over a number of years - corruptly assisted “underworld” businessmen with their legal matters. In particular, the trial judge had provided “improper and corrupt assistance” to the complainant, and chief prosecution witness in Popoviciu’s case, including the soliciting and receiving of bribes.  

The trial judge’s failure to disclose his pre-existing corrupt relationship with the complainant - and the Romanian authorities’ failure properly to investigate this link - were of central, damning importance.

The Court therefore concluded that Popoviciu was not tried by an impartial tribunal and that he had “suffered a complete denial” of his fair trial rights as protected by Article 6 of the European Convention on Human Rights. The Court further concluded that the serving of a prison sentence based on an improper conviction would be “arbitrary” and that extraditing Popoviciu would consequently represent a “flagrant denial” of his right to liberty as protected by Article 5 of the European Convention.

The Court accordingly quashed the order for extradition and allowed the appeal.

This is the first time that the High Court has concluded that extradition to an EU Member State represents a real risk of a “flagrant denial” of a requested person’s Convention rights.

As leading British legal commentator Joshua Rozenberg explained, since 2004, the European arrest warrant has allowed fast-track extradition between members of the EU. Mutual recognition is based on the understanding that each EU state can trust the judicial processes of every other member state.

Rozenberg went on to say: “It’s easy to say that if this is the standard of justice in a country that has been an EU member since 2007, the UK is better off without the European arrest warrant. On the other hand Popoviciu’s extradition (strictly speaking, “surrender”) was ordered before the UK left the EU and the appeal result would have been the same regardless of Brexit.”

He added: “The real lesson of this case is a more chastening one: you don’t have to travel far to find judicial behaviour that would be unthinkable in the UK. It should also be unthinkable in the EU.”

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EAPM: HTA delays, EMA…and beating cancer

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Greetings, colleagues, and here’s the latest European Alliance for Personalised Medicine (EAPM) update as we approach what we hope will be a normal ‘summer’. It’s all just a bit different and better this year, of course, with the vaccine rates picking up. While a lot of countries are winding-back their lockdown processes slowly but surely, it remains to be seen how many of us will have the oppurtunity to take a holiday abroad - wherever that may be - amid continuing fears in respect of COVID-19 variants. Some daring souls have made their reservation, of course, but  ‘staycations’ are in some cautious travellers likely to be the order of the day this time around again, with many deciding to holiday in their own countries. In the meantime, don’t forget that EAPM has a virtual conference coming up very soon - in less than two weeks, in fact, on Thursday, 1 July, writes EAPM Executive Director Dr. Denis Horgan. 

Entitled Bridging Conference: Innovation, Public Trust and Evidence: Generating Alignment to facilitate personalized Innovation in Health Care Systems, the conference acts as a bridging event between the EU Presidencies of Portugal and Slovenia.

Alongside our many great speakers, attendees will be drawn from leading experts in the personalised medicine arena – including patients, payers, health-care professionals, plus industry, science, academia and the research field.

Each session will comprise panel discussions as well as Q&A sessions to allow the best possible involvement of all participants, so now is the time to register here, and download your agenda here.

HTA deal

On Wednesday, (16 June) EU deputy ambassadors signed off on the Portuguese Council presidency’s latest health technology assessment (HTA) proposal so it can move to trilogues on 21 June. Countries are willing to shorten the date of application and compromise on the voting system, but are not eager to budge on Article 8 — a debate that could delay the deal. In the event there are divergent opinions, EU countries agreed that any country must explain the scientific basis for contrarian views. 

EMA reform proposal – EU common position agreed

EU health ministers have met for the last time under Portugal’s presidency of the Council of the EU to agree on that body’s position for negotiations with the European Parliament on new rules to strengthen the role of the European Medicines Agency (EMA).

At a meeting in Luxembourg on Tuesday (15 June) chaired by Portuguese Health Minister Marta Temido, the 27 governments agreed on their position for the upcoming negotiations with the Parliament.

They had already agreed on some changes to the initial proposal presented by the European Commission in November on the revision of rules to strengthen the mandate of the EMA, as part of a broader package on the so-called European Health Union.

One of the main objectives of the new draft EMA rules is to better enable it to monitor and mitigate potential and actual shortages of medicines and medical devices that are considered critical to respond to public health emergencies such as the COVID-19 pandemic, which revealed shortcomings in this regard.

The proposal also aims to “ensure the timely development of high-quality, safe and efficacious medicines, with particular emphasis on responding to public health emergencies” and to “provide a framework for the operation of expert panels that assess high-risk medical devices and provide essential advice on crisis preparedness and management”.

Life after cancer with BECA 

The Parliament’s special committee for beating cancer (BECA) held a hearing on national cancer control programmes on Wednesday to hear how different countries were tackling the challenge. 

Despite advances in cancer diagnoses and effective therapies which have helped to increase survival rates, cancer survivors continue to experience significant challenges. According to Europe’s Beating Cancer Plan, cancer should be tackled across the entire disease pathway, from prevention to improving the quality of life of cancer patients and survivors. In fact, ensuring that survivors “live long, fulfilling lives, free from discrimination and unfair obstacles” is of utmost importance. 

Life after cancer is multifaceted yet the focus of this online debate is on the implementation of policies addressing the specific challenge of returning to work for cancer survivors. 

Northern Ireland cross-border health care directive reinstated

Health Minister Robin Swann is to reinstate the cross-border health care directive to the Republic of Ireland. The directive is a temporary measure for a 12-month period to help reduce Northern Ireland waiting lists and will be subject to strict criteria. 

The minister said: “A key principle of our health service is that access to services is based on clinical need, not on an individual’s ability to pay. However we are in exceptional times and we must look at every option to tackle the waiting lists in Northern Ireland. 

“Reinstating a limited version of the cross-border health-care directive to Ireland will not have a dramatic impact on the overall waiting lists, but it will provide an opportunity for some to have their treatment much earlier. 

“We need an urgent and collective approach across government to tackle this issue and deliver a health service that is fit for the 21st century.” 

The Republic of Ireland Reimbursement Scheme sets out a framework, based on the Cross-Border Health Care Directive that will allow patients to seek and pay for treatment in the private sector in Ireland and have the costs reimbursed by the Health and Social Care Board. Costs will be reimbursed up to the cost of the treatment in Health and Social Care in Northern Ireland. 

Survey reveals attitudes of public toward rare diseases and medicines access 

The UK BioIndustry Association (BIA) has published a report presenting the findings of a survey on the public attitudes toward equal access to medicines for those living with rare diseases, it was announced in a 17 June press release. 

Results of the survey, which was conducted by YouGov, have shown that the public strongly believe that patients living with rare diseases should have equal access to medicines via the National Health Service (NHS) as those living with more common conditions. 

Additionally, the majority of survey respondents agreed that patients with rare diseases should have access to medicines assured by the NHS on a basis of clinical need, irrespective of cost. 

The survey findings follow recent assertions made by the National Institute for Health and Care Excellence (NICE), specifying that there isn’t an appetite among the general public for specific measures to tackle rare disease. BIA’s report, Public Attitudes to Rare Diseases: 

The Case for Equal Access, recommends that NICE revises its position on rare conditions and medicines access, and that the body consider the value of a rarity modifier when performing health technology assessments. 

This survey demonstrates that there is broad public support for measures to ensure access to medicines for rare diseases based on clinical need even if that would entail higher costs..

That is all from EAPM for this week – do enjoy your weekend, stay safe and well, and don’t forget to register for the EAPM Slovenian EU Presidency conference on 1 July here, and download your agenda here.

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EU draws up list of which countries should have travel restrictions lifted - UK excluded

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Following a review under the recommendation on the gradual lifting of the temporary restrictions on non-essential travel into the EU, the Council updated the list of countries, special administrative regions and other entities and territorial authorities for which travel restrictions should be lifted. As stipulated in the Council recommendation, this list will continue to be reviewed every two weeks and, as the case may be, updated.

Based on the criteria and conditions set out in the recommendation, as from 18 June 2021 member states should gradually lift the travel restrictions at the external borders for residents of the following third countries:

  • Albania
  • Australia
  • Israel
  • Japan
  • Lebanon
  • New Zealand
  • Republic of North Macedonia
  • Rwanda
  • Serbia
  • Singapore
  • South Korea
  • Thailand
  • United States of America
  • China, subject to confirmation of reciprocity

Travel restrictions should also be gradually lifted for the special administrative regions of China Hong Kong and  Macao. The condition of reciprocity for these special administrative regions has been lifted.

Under the category of entities and territorial authorities that are not recognised as states by at least one member state, travel restrictions for Taiwan should also be gradually lifted.

Residents of Andorra, Monaco, San Marino and the Vatican should be considered as EU residents for the purpose of this recommendation.

The criteria to determine the third countries for which the current travel restriction should be lifted were updated on 20 May 2021. They cover the epidemiological situation and overall response  to COVID-19, as well as the reliability of the available information and data sources. Reciprocity should also be taken into account on a case by case basis.

Schengen associated countries (Iceland, Lichtenstein, Norway, Switzerland) also take part in this recommendation.

Background

On 30 June 2020 the Council adopted a recommendation on the gradual lifting of the temporary restrictions on non-essential travel into the EU. This recommendation included an initial list of countries for which member states should start lifting the travel restrictions at the external borders. The list is reviewed every two weeks and, as the case may be, updated.

On 20 May, the Council adopted an amending recommendation to respond to the ongoing vaccination campaigns by introducing certain waivers for vaccinated persons and easing the criteria to lift restrictions for third countries. At the same time, the amendments take into account the possible risks posed by new variants by setting out an emergency brake mechanism to quickly react to the emergence of a variant of interest or concern in a third country.

The Council recommendation is not a legally binding instrument. The authorities of the member states remain responsible for implementing the content of the recommendation. They may, in full transparency, lift only progressively travel restrictions towards countries listed.

A member state should not decide to lift the travel restrictions for non-listed third countries before this has been decided in a coordinated manner.

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