The Evolution of Legislative Power-Sharing in the EU Multilevel System

Author(s):  
Katharina Holzinger ◽  
Jan Biesenbender

Chapter 24 explains how the Freedom of Information Act 2000 applies to Wales and Northern Ireland. It describes the scheme of devolution for Wales with the National Assembly for Wales and the Welsh Government and the way legislative power has been increased by the Government of Wales Act 2006 and how a reserved powers model of devolution has been agreed in a Command Paper Powers for a purpose: Towards a lasting devolution settlement for Wales. Next, the way freedom of information works in Wales is considered. The chapter then describes the scheme of devolution for Northern Ireland established following the Belfast Agreement on Friday 10 April 1998, including the Northern Ireland Assembly and the National Ireland Executive structured to ensure power-sharing and inclusivity. Section 88(2) of the 2000 Act states that the Act extends to Northern Ireland. Finally, the specific references to Northern Ireland in the 2000 Act are considered.


Author(s):  
John Peterson ◽  
Daniel Kenealy ◽  
Richard Corbett

The EU is extraordinary, complex and—in important respects—unique. This concluding chapter revisits three key themes that guide understanding of the EU: experimentation and change; power sharing and consensus; and scope and capacity. It also returns to the question: how can we best explain the EU and how it works? The chapter reviews leading theoretical approaches and identifies what each approach claims is most important to explain about the EU, and why. Finally, the chapter confronts the question: ‘Where do we go from here’? Does knowing how the EU works give us clues about how it might work in the future?


Author(s):  
Neil Parpworth

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.


2019 ◽  
Vol 22 (1) ◽  
pp. 113-134 ◽  
Author(s):  
David Coen ◽  
John-Paul Salter

AbstractFollowing the 2007–9 financial crisis, the EU strengthened its institutional apparatus for bank regulation, creating a trio of sectoral bodies, including the European Banking Authority (EBA). Various aspects of this new system have been studied, but to date, little is known about how banks engage with their new supranational regulator. We argue that such engagement fosters an interdependence between banks and regulators, thus contributing to the efficiency and robustness of the overall regulatory regime; but also that it is contingent on the regulator exhibiting the qualities of credibility, legitimacy, and transparency. These qualities are grounded in the domestic regulatory governance literature, but we suggest that they are rendered problematic by the complexities of the EU's multilevel system and, in particular, the overlap in competences between the EBA and the European Central Bank. We examine the EBA in the light of these criteria and find that banks’ engagement remains pitched towards established national regulators and the EU's legislative arena. This poses concerns for the efficacy of agency governance in the EU's regulatory regime for banking.


Significance The accord, the full contents of which are still not public, differs from previous deals in that it follows the first direct talks between the parties and because the government has reportedly met two key demands of armed groups: amnesty and power-sharing. These are controversial measures, but they may give the deal a greater chance of success than earlier efforts. Impacts If implemented, the peace agreement could facilitate humanitarian relief efforts and lead to gradual economic recovery. The new government should secure additional financial and technical assistance for the transition from the EU, UN and individual states. The actions of the African Union and neighbouring states, particularly Sudan and Chad, will carry more weight than Western partners.


Author(s):  
Richard Corbett ◽  
John Peterson ◽  
Daniel Kenealy

This chapter examines five of the European Union's key institutions: the European Commission, the Council of Ministers, the European Council, the European Parliament, and the European Court of Justice. It draws analogies to these institutions' counterparts at the national level while also highlighting their distinct and unique features. It discusses the structures and formal powers of the five EU institutions and how they ‘squeeze’ influence out of their limited Treaty prerogatives. It concludes by explaining why these institutions matter in determining EU politics and policy more generally, focusing on three central themes: the extent to which the EU is an experiment in motion; the importance of power sharing and consensus; and the capacity of the EU structures to cope with the Union's expanding size and scope.


Author(s):  
Daniel Kenealy ◽  
John Peterson ◽  
Richard Corbett

This introductory chapter discusses the practical and analytical reasons for studying the European Union. It also considers some of the main conceptual approaches to understanding the EU: international relations approaches; the comparative politics approach; the sociological/cultural approach; and the public policy approach. Furthermore, it outlines three broad themes that help the reader make sense of the EU: experimentation and change; power sharing and consensus; and scope and capacity. Finally, it provides an overview of the chapters that follow, which cover topics ranging from an historical overview of the EU’s development to the EU’s relations with the wider world, EU enlargement, the EU’s foray into security policy, and the EU’s growing role as a global actor.


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